Ordinance No. 725 - Laserfiche WebLink

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substantially diminish of impair property values within. the neighborhood: The .Board Af Adjustment. and Appeals may impose t3nch restrictions and conditions upon the .premises benefited by a variat~e as rr~y be necessary to cromply with the standards established by this Title or to reduce or minimize the effect of i3irch vananCr~j upon othe[ properties in t-le nslphbprhpod and to better carry out ' the kltertf'of the vanance. SECTION ; 2i Section 1125.02 of the Mounds View ~ Zoning Code is hereby amended by- inserting -the following ypg text, to read as follows: $u_bd 6 Administrative Variance FaaTe~es• Residents seeking relief from the Zoning Code may request an administrative variance. provided that: j;~ The pro - ie manned R-1 or R-2: ~(~ The request concerns setbacks: and ORDINANCE ~10: 725 ctRY OF frlouNDS;v1Ew tlKJNTY OF RAMS6Y $TATE.OF, MINNESOTA AN ORDINANCE AMENDINt3 SECTK)N 1125.02 OF TME-MOUNOS VIEW tYIUNICIPAI CODE PERTAINING , TO ADMINISTRATIVE VARIANCES THE .CITY .. OF AAOUNDS, VIEW ORDAINS: SECTION 1: Section 1125.02,. Subdivision 2 of the Mounds View Zoning Code is hereby amended by inserting the fdilowir~ ypderlitlad text,. to lead as foNowg: 1125.02: VARIANCES AND APPEALS: Subd. 2. Criteria for Granting Vadances: A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals, or in the came of ~_administrative variance. by the ~pLQf, CommuniN~~PbomeM as ~plained in Section 1125.02. ~itutivision 6: to provide relief to the landpwner' in those cases rjhere the Code imposes undue hardship or practical difficulties to fhe property owner in the use of property owner's land. No -use variances may be issued. Avariance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary cir- cumstanCes appy to the properties which do not apply generaNy to outer properties in the same zone or vicinity and result. from. lot size or shape, topography or other .circumstances over which the owners'of the propeny'sinoe;the effective date hereot.have had no oontrot. b. The 1lteral interpretaClon ,of the pravisktrls of this Title would. deprive the applicant of rights commonly enjoyed by dthet properties :in the same district ' under the terms ofthis Title.' c. That, the special conditions or circumstances do not result from the actions of the applicant. d. That granting the'variance requested will not :confer On the appt~ant any special privilege that is. denied by this 'Jrtle to owners. of otter lands, structures or buildings in the same district. e. That the variance requested is the minimum variance which would alleviate the fardship Economic Conditions alone shall not be considered a hardship. f. The variarce would not be matenatly detntnental to the. purpose of Title or over pCapaAy:in the same zone: g.'fheFbroppsed variance wiN not impair an adequate supply of light and air to' 'adjacent property ~ or substantially increase me ingestion of the public streets ar-increase the danger of fire a~ endanger ,the public safety or Est gg grate rrwst m -a ire S eet the lion 1'12 hardsh .x+ ? io cnte ubdivts na ion If har dshio is evident and roya l is .granted 'the ad jacent p ropert y own i i ers meat be approva notified l and by mail o allowgd f (pe o ten m n rel days arv to ^^^d to the decisio n Ab sent env di t e rty Apposit ovy~rs. ion fro the Pla a m a nnjr~g C rera ommis prop sion_S h311 ' w the a dministr ative varia nce fgy~est at the following regularly ;~~ 'tea. r ni hand Appeals If the Director ;ho ec n d ny a req~~St or if either the adi~gnt neiohbors or the j?lannirta commission disagrees with -: c~rninisirative ~ooro~rl of a variance [gyueat the request is denied ~„ *M+' ~Iv and thg...,eoolicant may ti rn roni~PCt a formal variance from ~g~jannin~ Commission: Fees• Administrative variances fees g~,~et ^c:.ordipg_ to the fee schedule adopted by City Council resolution. SECTION 3. This Ordinance becomes effective thirty j30), days after its publication in the official City newspaper.. First read by the CityCouncil of the City., of Mounds View on ..this 26th day of January, 2004. Read and passed by the City Council of the City of Mounds View this 9th day of February, 2004. Jerry Links, Mayor ATTEST: Kurt Ulrich, Clerk /Administrator (Bulletin: Feb., 18, 2004)