07-27-11 Council Agenda - Laserfiche WebLink

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requirements in the same way. The text of the City planning language as signed by the governor reads, in relevant part, as follows: Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance:(1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the t-itera{ previsions -ewe r4kanee in itistanec 'their str-iet- enforcement would cause- undue-haia#sh+p- because -ef eiroumstanees- trnique-te_the- indfvittuakpr &petty -En 4eeeensideratien, and to gratat such - vac -aeees -only -when it is demenstFated -t at -such actions- wi11 -be in-keeping-with the -s h'itand- intent- ef-the ordinance. "Undue hardshi -p—as ussd -in e&nneeti&n -with the granting, a variaaee -means the property -in questien- cannot be- put -to-a re=asonable use if used under- eefdetietis -al- leveed -by- the- of4ieial -c ntrols, requirements of the zoning ordinance includin<° restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying; with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is clue to circumstances unique to the property not created by the landowner;; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shah. do not constitute art-undue- haidship +f reasenirble use4ei- the- prepetty- exists under -the- terms- of-the ordinanuo... Undue bardship-alseriftetudes practical difficulties. Ordinance amendments updating Little Canada's zoning regulations to comply with the requirements of the new statutory language are attached. The proposed language is necessary to clarify and reconcile the City's processing of variance requests with the current requirements of state law. CONCLUSION AND RECOMMENDATION Planning staff, advises that the Planning Commission recommends, and City Council approves, the attached ordinance to bring the City's zoning ordinance language relating to variances into conformity with the new relevant statutes.