12/01/2008 Council Packet - Laserfiche WebLink

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Subd. 4. Administration: Variances and Appeals. A. Variances. Variances from the literal provisions of the ordinance may be granted in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. 1. Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. 2. Variance Procedure. The City shall decide upon requests for variance by approving or denying the same in part or in whole. The procedure for granting variances is as follows: a. A person desiring a variance shall fill out and submit to the Zoning Administrator or his /her designee a "Land Use Application Form ", together with a fee as established by City Council resolution /ordinance and all related material to document said hardship. b. The request for variance shall be placed on the agenda of the Planning and Zoning Board according to the City's deadline and meeting schedule. The request shall be considered as being officially submitted and the application approval timeline commences when all the information requirements are complied with. Lino Lakes Zoning Ordinance Administration 2 -11 • •