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+ f. i <br />; : '� <br />i=; <br />z ��` . z� <br />When asked to identify areas of concern regarding the planning process in theu community, local <br />eiected and appointed afficials most frequently point to the approval of variances. Almost <br />invariably, they point to inconsistencies in the approval and denial of variance requests. They also <br />regularly point to a pattern of disregard for the standards for approval set forth in their ordir►ance. <br />Another very frequently mentioned problem is ot�e or the other of the Planning Connmission, City <br />Council, or County Board iaking a much more casual, or libecai stance than their counterpart. <br />. ; <br />•� . � ,� .. ., : �. ; _... ., , :� , ., •� ; r ;;. - :� ;� '� <br />� - ;o , .� � i ��': <br />�.�. . . ■ ' : . . <br />: �, s .. � �., � ; , a�: � <br />:�' , i' ? �j' ' � �- . ;} . .� � `'" � �, r� j r :r ' r . �. .�� ° : f . ; <br />� � ,�" - ��" - �.' � ; <br />First of aIl, a variance is defined as approval to depar-t from the standa�ds contained in the <br />o�dinance. Therefore, if there is to be a commi�ment to maintaining a set of standards and <br />procedures to reg�alate the use of land in a community, logic would argue that there should be a <br />pretiy good reason to justify granting a variance. Furthermore, human nature being what it is, <br />consistency in interpretation and action will also prave to be very important over time. <br />-�. , ;�. �_ ��.: <br />� , ,. <br />� t° � • <br />The Nlinnesoia State Zoning Enabling Statute, Chapter 462.357 Subd. 6 Appeats and <br />Adjustments states as follows: <br />Subd. b. Appeals and' adjustmenis. Appeats to the board of appeals and adjustments may <br />he taken by any af�'ected person upon complianee with any reasonable conditions impaseci <br />by the zoning ordinance. The board of appeals and adjustments has the following powers <br />with respect to the zoning ordinance: <br />(1) To hear and decide appeats where it is aileged that there is an error ir� any order, <br />requirement, decision, or determination made by an administraiive officer in the <br />enforcement of the zoning ordinance, <br />{2) <br />� ���' �� �� <br />����� �,� <br />�� �°h '`� . � � <br />��� � ��� <br />��i ��r� � %� <br />r� ��' ���� <br />' x�L F y�' /� . <br />�� �'j'�l ���� <br />U ``..v� �� /1�'' <br />i �� <br />c:;;_: <br />To hear requests for variances from the literal provisions of the ordinance in <br />instances where their strict enforcement vvould cause und�ze hardship because of <br />circumstances unique to the individ�al property under consideratian, and io grant <br />such variances only when it is demonstrated that such actions will be in keepin� <br />with the spirii and �ntent of the ordinanc�. "�Tndue ha�°ds�►ap" as used in <br />connection with the granting of a variance enea�s the pe'OP��j' g� �����a°� <br />cae��ao� b� put to a�°eason�6ie use if used ander conditions allowed by the af�icial <br />controls, the plight of the la,ndowner is d�ae t� circurr�stances unie�ue t� the <br />p�°ope�°iy �ot �reatec� �y t3�� laa�dovvre��°, and tl�� va�°ia��e, if �ranted, ��ll �oi <br />�$y <br />al�ea° the e��entaal c�eae°�c�er of t�e �ocala�ya Econorn�c consideratians alone shall <br />i <br />� . � <br />