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PCAgenda_05Feb22
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PCAgenda_05Feb22
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~~~rn oU~-~l~ <br />• SECTION 21030 -ADMINISTRATION -VARIANCES <br />21030.01. PURPOSE: The purpose of this section is to provide for deviations from the <br />literal provisions of this Chapter in instances where their strict enforcement would cause undue <br />hardship because of circumstances unique to the individual property under consideration, and to <br />grant such variances only when it is demonstrated that such actions will be in keeping with the <br />spirit and intent of this Chapter. <br />21030.02. BOARD OF ZONING ADJUSTMENTS AND APPEALS: <br />Subd. 1. Board Designation. The City Council shall act as the Board of Zoning <br />Adjustments and Appeals. <br />21030.03. REVIEW CRITERIA: <br />Subd. 1. The Board and Zoning Administrator shall not approve any variance <br />application (major or minor) unless they find failure to grant the variance will result in undue <br />hardship on the applicant, and, as may be applicable, all of the following criteria have been .met: <br />• (a) That because of the particular physical surroundings, shape, or topographical <br />conditions of the specific parcel of land involved, a particular hardship to the owner <br />would result, as distinguished from a mere inconvenience, if the strict letter of the <br />regulations were to be carried out. <br />(b) That the conditions upon which a petition for a variation is based are unique to the <br />parcel of land for which the variance is sought and are not applicable, generally, to other <br />property within the same zoning classification. <br />(c) That the purpose of the variation is not based exclusively upon a desire to increase <br />the value or income potential. of the parcel of land. <br />(d) That the alleged difficulty or hardship is caused by this Chapter and has not been <br />created by any persons having an interest in the parcel of land and is not aself-created <br />hardship. <br />(e) That the granting of the variation will not be detrimental to the public welfare or <br />injurious to other Land or improvements in the neighborhood in which the parcel of land <br />is located. <br />(f) That the proposed variation will not impair an adequate supply of light and air to <br />adjacent property, or substantially increase the congestion of the public streets, or <br />increase the danger of fire, or endanger the public safety, or substantially diminish or <br />impair property values within the neighborhood. <br /> <br />?1030-1 <br />
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