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City of Take Elmo <br />Section 300.16, Subdivision 3.A.2. <br />EXHIBIT A <br />Zoning Ordinance <br />The Board of Adjustments and Appeals has the exclusive power to hear requests for variance <br />from the literal provisions of this section in instances where their strict enforcement would <br />cause undue hardship because of circumstances unique to the individual property under <br />consideration, and to grant the variances only when it is demonstrated that: <br />a, exceptional or extraordinary circumstances apply to the property which do not apply <br />generally to other properties in the same zone or vicinity, and result from lot size or shape, <br />topography, or other unique circumstances; <br />b. that literal interpretation of the provisions of this section would deprive the applicant of <br />rights commonly enjoyed by other properties in the same district under the terms of this <br />section; <br />c, That the special conditions or circumstances do not result form the actions of the applicant; <br />d. That granting the variance requested will not confer on the applicant any special privilege <br />that is denied by this section to owners of other lands, structures, or buildings in the same <br />district; <br />e. The variance requested is the minimum variance which would alleviate the hardship; <br />f. The variance would not be materially detrimental to the purposes of this section, or to the <br />property in the same zone. <br />The board of adjustment and appeals may not permit as a variance any use that is not permitted <br />under this section for property in the zoning district where the land is located. The board may <br />permit as a variance the temporary use of a one family dwelling as a two family dwelling. The <br />board may impose conditions in the granting of a variance to insure compliance and to protect <br />adjacent properties. <br />Hardship means the proposed use of the property and associated structures in question cannot <br />be established under the conditions allowed by this section or its amendments and no other <br />reasonable alternative use exists. The plight of the landowner must be due to physical <br />conditions unique to the land, structure, or building involved and are not applicable to other <br />lands, structures or buildings in the same zoning district; these unique conditions of the site <br />cannot be caused or accepted by the landowner after the effective date of this section or its <br />amendments. <br />Economic consideration alone shall not constitute a hardship. <br />