2019/08/06 - LAND USE - VAR - Land Use Variance - VAR-19-03

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2: Unnecessary hardship (Item 2 to be completed by the applicant) Courts have determined an applicant may not claim unnecessary hardship where conditions were self-imposed or created by a prior owner. Examples o self imposed/created issues in which a variance should NOT be Qranted: a. Excavating a pond and then arguing that there is no suitable location for a home b. Constructing a sanitary system in a specific location and then arguing that there is no suitable location for a home or a garage c. Constructing a building incorrectly or not in the correct location and then arguing that a variance is needed so the structure doesn't have to be modified to make it conforming Courts have also determined that economic or financial hardship does not justify a variance. Examples of economic or financial hardship in which a variance should NOT be granted: a. Grading and retaining walls can be used to make a conforming location for the structure, but it would be more expensive than using a location requiring a variance b. Constructing a building incorrectly or not in the correct location and then arguing that a variance is needed so that costly modification doesn't have to be done to the structure When determining whether unnecessary hardship exists,the property as a whole is considered rather than a portion of the parcel. The property owner bears the burden of proving unnecessary hardship. List the unnecessary hardship(s): The building was constructed prior to 2014 when we purchased it and we had no control over its location. We would like to have permission to enhance the asthetics of the property to be appealing and functional as well. Again,with our lot's shape and location, it is difficult to meet setbacks on all sides. Is unnecessary hardship present? (Applicant, check YES or NO below.) YES. ❑ NO. A variance cannot be granted. 3. No Harm to Public Interests (Item 3 to be completed by the applicant) A variance may not be granted which results in harm to public interests. In applying this test, the Land Use and Information Committee must consider the impacts of the proposal and the cumulative impacts of similar projects on the interests of the neighbors,the entire community,and the general public. These interests are listed as objectives in the purpose statement of our ordinance and may include: • Public health, safety, and welfare • Water quality • Fish and wildlife habitat • Natural scenic beauty • Minimization of property damages • Provision of efficient public facilities and utilities • Achievement of eventual compliance for nonconforming uses,structures,and lot • Any other public interest issues Page 5 of 8 Burnett County, WI Subdivision Variance Application—Rev 3/2018