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PC Packet 10.22.2024
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PC Packet 10.22.2024
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industrial require a two-thirds majority vote of all members of city council. <br /> <br />(Code 1993, § 9-15.05; Ord. No. 97-06, § 1, 9-24-1997) <br /> <br />State Law reference – Amendments, Minn. Stats. § 462.357, subds. 2 – 4. <br /> <br />Sec. 113-36 - Fees and costs <br />The zoning administrator or other administrative office having jurisdiction therein shall <br />charge each applicant, petitioner or other person requesting a permit, rezoning or other zoning <br />approval or review such fees as may be prescribed therefor by ordinance or by resolution <br />published in the same manner as an ordinance. Each applicant, petitioner or other person shall <br />also pay all legal, engineering, planning, and similar out-of-pocket costs incurred by the city in <br />connection with the respective matter. The zoning administrator with the approval of the council <br />may require each applicant, petitioner or other person to deposit with the city in escrow a cash <br />amount based on an estimate by the zoning administrator of such fees and costs. Any surplus <br />shall be refunded to and any additional costs paid by the applicant, petitioner or other person. <br />The obligation to pay such fees and costs shall not be affected by the disposition of the matter. <br />(Code 1993, § 9-15.06) <br />Secs. 113-37 – 113-60 - Reserved <br />DIVISION 2 - APPEALS AND VARIANCES <br />Sec. 113-61 - Board of adjustments and appeals <br />The city council shall act as the board of adjustments and appeals. <br />(Code 1993, § 9-15.02) <br />State Law reference – Board of adjustments and appeals, Minn. Stats. § 462.354, subd. 2. <br /> <br />Sec. 113-62 - Variances <br />(a) Definitions. The following words, terms and phrases, when used in this division, shall have <br />the meanings ascribed to them in this section, except where the context clearly indicates a <br />different meaning: <br />Practical difficulties means the same as that term defined in Minn. Stats. § 462.357, as may <br />be amended, meaning that the property owner proposes to use the property in a reasonable <br />manner not permitted by this chapter, the plight of the landowner is due to circumstances unique <br />to the property not created by the landowner, and a variance, if granted, shall not alter the <br />character of the locality. Economic considerations alone shall not constitute practical difficulties. <br />Practical difficulties include but are not limited to inadequate access to direct sunlight for solar <br />energy systems. <br />Variance means a modification of or variation from the provisions of this chapter consistent <br />with the state enabling statute for municipalities, as applied to a specific property and granted <br />pursuant to the standards and procedures of this chapter. <br />(b) Purpose. The purpose of this division is to provide the procedure and criteria for variances.
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