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OCT -16 -1996 11:52 CITY OF SHOREVIEW <br />214 Variances <br />214.010 Standard Variance. <br />(A) Application. Applications for variances from the <br />literal provisions of the Development Ordinance shall be <br />made on forms provided by the City Planner, who shall <br />forward completed applications to the Shoreview Planning <br />Commission, which shall act as the Board of Appeals and <br />Adjustments for review. <br />(B) Criteria for Review. The Board of Appeals and <br />Adjustments may grant variances only vhere strict <br />compliance with the literal provisions of the <br />Development Ordinance would cause undue hardship and <br />only when it is determined that granting the variance <br />vould be in keeping with the spirit and intent of the <br />Development Ordinance. <br />(1) "Undue hardship" means: <br />(a) That the property in question cannot be put to <br />a reasonable use under conditions allowed by <br />the Development Ordinance. <br />(b) That the hardship is due to circumstances <br />unique tv llac peupesly and waa nub viealed by <br />the landowner. <br />(c) That the variance will not alter the essential <br />character of existing neighborhoods. <br />Undue hardship includes inadequate access to direct <br />sunlight for solar energy systems. Where <br />necessary, variances shall be granted for earth <br />sheltered housing which is otherwise in harmony <br />with the intent of the Development Ordinance. <br />(2) Variances shall not be granted if the effect of the <br />variance is to allow a use of property which is not <br />otherwise permitted in the zoning district in which <br />the applicant's property is situated. <br />(3) Approved variances which are not implemented within <br />one year from the date of approval shall become <br />void. <br />(4) Decisions of the Board of Appeals and Adjustments <br />on variances shall be final unless the applicant or <br />other aggrieved party appeals to the City Council. <br />Appeals must be made in writing and be submitted to <br />the City Manager within five business days of the <br />Board's decision. The City Council may grant a <br />variance upon approval by a majority vote of its <br />membership. <br />200 -165 <br />Page 96 <br />P.01/03 <br />