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07/11/2011 Council Packet
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07/11/2011 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/11/2011
Council Meeting Type
Regular
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• <br />• <br />• <br />ATTACHMENT A <br />Lino Lakes Ordinance No. 15 -11 <br />Text to be added is underlined, text to be deleted is in ctrikethrough. <br />Subd. 4. : b-t n - Variances and Appeals. <br />�. Variances. Variances from the requirements of this ordinance, including restrictions <br />placed on nonconformities, may be granted under the followirw, conditions. <br />1. Criteria and Findings of Fact. No variance shall be granted unless it meets all the <br />criteria in paragraphs a. through f.'. or unless paragraph g. applies. The City shall <br />make findings regarding compliance with these criteria. <br />a. The variance shall be in harmony with the general purposes and intent of <br />the ordinance. <br />b. The variance shall be consistent with the comprehensive plan. <br />c. There shall be practical difficulties in complying with the ordinance. <br />"Practical difficulties." as used in connection with the granting of a <br />variance. means that the property owner proposes to use the property in a <br />reasonable manner not permitted by the ordinance. Economic <br />considerations alone do not constitute practical difficulties. Practical <br />difficulties include. but are not limited to, inadequate access to direct <br />sunlight for solar en.ergv systems. <br />d. The plight of the landowner shall be due to circumstances unique to the <br />property not created by the landowner. <br />e. The variance shall not alter the essential character of the locality. <br />f. A variance shall not be granted for any use that is not allowed under the <br />ordinance for property in the zoning district where the subject site is <br />located. <br />a. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted <br />for earth sheltered construction as defined in MN Stat. 216C.06. Subd. 14, <br />when in harmony with the zoning ordinance. <br />revisions of the ordinance may be granted in <br />instances where their strict enforcement '.could cause undue hardship because of <br />circumstances unique to the individual property under consideration. <br />1. Findings of Fact. In considering all-Fequests for variance or appeal and in takixg <br />subsequent action. the City shal-l-n-iaake a- f - +ding of fact: <br />P41 <br />
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