FINAL ORDINANCE NO. 08-158 - Laserfiche WebLink

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CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-158 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES REGARDING VARIANCE EXPIRATIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 154.109 of the City Code by deleting the striek language and inserting the double -underlined language as follows: ARTICLE III. ZONING ADMINISTRATION AND ENFORCEMENT § 154.109 VARIANCES. A. In General. The Board of Adjustment shall have the power to grant variances to the provisions of this chapter under the following procedures and standards. A request for a variance from the literal provisions of this chapter may be granted in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. All requests for variances shall be reviewed in accordance with the required findings listed in § 154.109.F. B. Use Variances Prohibited. A variance shall not be granted for any use that is not a listed permitted or conditional use under this chapter for property in the zone where the property is located. C. Application Requirements. Variance applications shall be submitted to the Director of Planning on such form and accompanied by such information as required by § 154.1 O1.A of this Article and with the submission materials listed in § 154.1 01.B of this Article. D. Hearing Requirements. The Planning Commission shall hold a public hearing on each complete application for a variance as provided in § 154.102 of this Article. After the close of the hearing on a proposed variance, the City Planning Commission shall consider findings and shall submit the same together with its recommendation to the Board of Adjustment. E. Board of Adjustment Action. The Board of Adjustment shall receive the recommendation of the Planning Commission and shall take final action on the variance request. All findings and decisions of the Board of Adjustments concerning variances shall be final. F. Required Findings. Any action taken by the Board of Adjustment to approve or deny a variance request shall include the following findings: 1. Practical Difficulties. A variance to the provision of this chapter maybe granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical 4868810 SJS LA515-4