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City of Lino Lakes - Zoning Ordinance <br />• Subd. 4. Administration: Variances and Appeals. Variances from the literal - <br />provisions of the ordinance may be granted in instances where their strict enforcement <br />would cause undue hardship because of circumstances unique to the individual <br />property under consideration. <br />A. Findings of Fact. In considering all requests for variance_ or appeal and in <br />taking subsequent action, the City shall make a finding of fact: <br />1. That the property in question cannot be put to a reasonable use if <br />used under conditions allowed by the official controls. <br />2. That the plight of the landowners is due to physical circumstances <br />unique to his property not created by the land owner. <br />3. That the hardship is not due to economic considerations alone and <br />when a reasonable use for the property exists under the terms of the <br />ordinance. <br />4. That granting the variance requested will not confer on the <br />applicant any special privilege that would be denied by this ordinance to <br />other lands, structures, or buildings in the same district. <br />• 5. That the proposed actions will be in keeping with the spirit and <br />intent of the ordinance. <br />B. Procedure. The City shall decide upon requests for variance by approving or <br />denying the same in part or in whole. The procedure for granting variances is as <br />follows: <br />1. A person desiring a variance shall fill out and submit to the Zoning <br />Administrator or his/her designee a "Zoning Form", together with a fee as <br />established by City Council resolution and all related material to document <br />said hardship. The request for variance shall be placed on the agenda of <br />the first possible Planning Commission meeting occurring after thirty (30) <br />days from the date of submission. The request shall be considered as <br />being officially submitted and the application approval timeline <br />commences when all the information requirements are complied with. <br />2. The City Council must approve or deny the application for <br />amendment or conditional use permit requests within sixty (60) days of <br />receiving all required information. The sixty (60) day time limit starts over <br />only if the City sends notice, within ten (10) business days, of receipt of <br />the request, telling the applicant what information is missing. The City <br />. may extend the sixty (60) day time limit before the end of such time limit <br />by providing written notice of the extension to the applicant. The <br />-io <br />