10-23-1996 Council Agenda - Laserfiche WebLink

Home Browse Search

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 M OCT -16 -1996 13:58 FROM VADNRIS HEIGHTS TO LITTLE CANADA P.02 ZONI CHAPTER 6 ON The City Council may allow a departure from the literal provisions of this Code pertaining to height or width of structures, the size of yard and open spaces, fences. and residential nonconforming uses in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when k is demonstrated that such actions will be in keeping with the spirit and intent of this Code. "Undue Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by this Code, the plight of the landowner is due to circutstances 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 shall not constitute an undue hardship if reasonable use for the properly exists under the terms of this Code. Undue hardship also includes, but is nut limited to, utadequate access to direct sunlight for solar energy systems. Variances may be granted for earth sheltered construction, when in harmony with this Code. The City Council may not permit as a variance any use that is not permitted under this Code for property in the zone where the affected person's land is located except where the Council is considering a variance from non - conforming use requirements under §6.110 on land zoned residential at the time it became non - conforming. The City Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The City Council may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. (2) Application for Variance. A request for a variance shall be commenced by filing at least 15 days prior to the Council meeting an application with the City Clerk, and such application shall be accompanied by a development plan showing such information as the City Clerk may reasonably require for purposes of this Code, The plans shall contain at least the following information for the Council to make a proper decision on the matter. The request shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include: (a) Name and address of the applicant. (b) The legal description of the property involved in the request for variance, including the street address, if any, of the property. (c) The name and address of the owners of the property and any other persons having a legal interest therein. ' (d) A site plan drawn to scale showing the property dimensions, grading, landscaping, and location of utilities, as applicable. (e) Location of all existing and proposed buildings. (t) The variance requested and the reasons for the request and hardship. (3) Notice of Proceedings. Notice of variance application shall be mailed at least 10 days prior to the Council meeting to each owner of property situated wholly or partly within 150 feet of the property to which the variance relates. The City Clerk shall be responsible for mailing such notices. For the purpose of giving mailed notice, the Clerk may require the owner of the property to fltmish a certificate showing the property owners within 150 feet of the property. (4) Review and Decision by Council. In considering applications for variance, the Council shall consider the effect of the proposed variance upon the health, safety, and welfare of the community, traffic conditions, light and air, danger of fire, risk to the 13 Page 100 TOTAL P.02