Laserfiche WebLink
<br />FINDINGS <br /> <br />Zoning Code Section 917.080, Variances: <br />The variance process is intended to provide limited relief from the strict requirements of <br />this ordinance in those cases where the reasonable conditions of a particular requirement <br />will create practical difficulties because of circumstances unique to the property. It is not <br />intended that variances be granted to allow a use not permitted by the underlying zoning <br />district, nor to merely remove inconveniences or financial burdens that the requirements of <br />this ordinance may impose on property owners in general. Variances are intended to address <br />extraordinary, exceptional or unique situations that were not caused by the applicant’s act <br />or omission. Variances may be allowed from restrictions placed on nonconformities. <br /> <br />Criteria for Approving a Variance <br />1. A variance may be approved only if these criteria are met: <br /> <br />a. The request is in harmony with the purposes and intent of this ordinance. <br /> <br />b. The variance is consistent with the Comprehensive Plan. <br /> <br />c. The applicant can demonstrate that there are “practical difficulties” in complying with the <br />regulation(s) in question. Determination of whether practical difficulties exist shall be based <br />on the following: <br /> <br />1. The property owner proposes to use the property in a reasonable manner permitted by this <br />ordinance; <br /> <br />2. The plight of the land owner is due to circumstances unique to the property not created <br />by the landowner; <br /> <br />3. The variance will maintain the essential character of the locality. <br /> <br />2. Practical difficulties include, but are not limited to, inadequate access to direct sun light for <br />solar energy systems. <br /> <br />3. Economic considerations alone shall not constitute a sufficient basis for a Variance if <br />reasonable use for the property exists under the regulation. <br /> <br />4. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes <br />216C, Subd. 14, when in harmony with this ordinance. <br /> <br />5. The City Council may impose conditions in the granting of a variance. Such conditions <br />must be directly related to and bear a rough proportionality to the impact created by the <br />variance. <br /> <br />The applicant has submitted supplemental information regarding the existing conditions and <br />unique circumstances related to this property, of the 0.99 acres of site area, there are only certain