05/11/2011 P&Z Packet - Laserfiche WebLink

Home Search

• • Section 2 Subds. 1. – 9. DRAFT AMENDMENTS May 2011 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. (note: these findings may be changed by 2011 Legislature —to be determined) 1. Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make -a findings of fact that all of paragraphs a. through e. apply unless f, or .g apply: 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. d. The variance, if granted, will not alter the essential character of the locality. That: - granting -the -et confer --en the applicant any spec a' privilege that- -mould be denied by-this ordinance #e other lands, structures, -Of buildings in- the same distrist, e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. f. In accordance with MN Stat. 462.357, Subp. 6, undue hardship includes inadequate access to direct sunlight for solar energy systems when such a system is the basis of the variance application. g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning 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: Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -13