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CITY OF Lake Elmo Evening Gazette, November 14, 2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-95 An Ordinance Related to Amendments to the Lake Elmo Municipal Code Section 300.06 Subdivision 3. Variances The Lake Elmo City Council ordains that Section 300.06, Subdivision 3 of the Lake Elmo Municipal Code is hereby amended to read as follows, to wit: Section 30006 Subdivision 3 Variances JA HArdshlo-A request for vanance from the literal provisions of this section may be granted in instances where their strict enforcement would cause undue hardship. An "Undue Hardship" means that the property cannot be put to reasonable use If used under the conditions allowed byntg - code; that the plight of the landowner is due to circumstances unique to the property d not crea ad by the landowner; and that the variance, If granted, will not change the essential character of the neighborhood. Economic considerations alone shall not constitute a hardship.'The City Council may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. B 7emooma Use Variance A variance may be permitted for the temporary use of a one family dwelling as a two family dwelling provided that: 1. The dwelling has existed for at least ten years, and the multiple use existed before the adoption of this Code. 2. The Septic System meets or exceeds current septic system regulations. Q—AR0QfitJQT6 An application for a variance shall be filed with the Zoning Administrator. The appli- cation shall be accompanied by a fee in the amount set forth from time to time by resolution of the Council, and development plans showing such information as the Zoning Administrator may rea- sonably require for purposes of this section. - 1. The application shall contain sufficient information to determine whether the proposed variance will meet all applicable development standards 0 the variance is granted. In all cases, the win plated application shall include: a. Name and address of the applicant b. The legal description of the property involved in the request for variance, including the street address,'ff any, of the property. c. The name and address of the owner of the property and any other person that has a legal interest in the property.: it. A site plan drawn to scale showing the property dimensions. e. Location of all exisfing and proposed buildings and their site including square footage. I. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks. g. The variance requested and the reasons for the request. h. A list of the abutting property owners. ill c Commiss'on Review oning Administrator shall, upon the filing of a cemple[edapplication for a variance, refer atter to the Planning commission.oning Administratorshall nati(ythe applicant antlthe abutting property owners) of thetime lace of the hearing. The notice shall be served on the person by mail, provided the notice be mailed at least ten (10) days preceding the date of the hearing.lications and shall lanning Commission shall make written findings for all variance appin the findings the reasons for its recommendation fo the Ciry Coundl. lanning Commission may recommend to the City Coundl conditient prif granting of�arve which may reasonaby determine to be necessary to pvan- rotect adjacent properties, public health, safety, and weMare, and comply with the intent and purposes of this neces. lanning Commission may also recommend conditions and requirements deemed neces- sary to insure compliance with the terms of the variance. E. ra., Council Action. The City Council shall receive the recommendation of the Planning Commission and shall take final action of the variance request within sixty (60)days of the City' receipt of a completed application unless the review period is otherwise extended pursuers to the applicable state regulations. --2 cffoeOve Date: This ordinance shall become effective upon it passage ard publication accord- ing to law. /s&se Hunt Lae Hunt, Mayor Attest: Is/ Mary Kueffner Mary Kushner, City Administrator Adopted by the Lake Elmo Ciry, Council the 7th day of November, 2001. Published In the S611water Gazette on the 14th day of Nov., 2001. 11/14