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2016 Planning Commission Packets
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Thanks, Jon <br />Zoning Ordinance, Section 1125.02 <br />Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code may be <br />issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the <br />Director of Community Development as explained in Section 1125.02, subdivision 6, to provide relief <br />to the landowner in those cases where the Code imposes practical difficulties to the property owner <br />in the use of property owner's land. Practical d fficulties include, but are not limited to, inadequate <br />access to direct sunlightfor solar energy systems. No variances shall be granted that would allow <br />any use that is not allowed in the zoning district in which the subject property is located. A variance <br />may be granted only in the event that all of the following circumstances exist: (Amended, Ord. 725, <br />2-9-04, Ord. 861, 9-22-11) <br />a. The variance is in harmony with the general purposes and intent of this Title. (Amended, Ord. 861, <br />9-22-11) <br />b. The variance is consistent with the comprehensive plan. (Amended, Ord. 861, 9-22-11) <br />c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or <br />the City Code. (Amended, Ord. 861, 9-22-11) <br />d. Unique circumstances apply to the property which do not apply to other properties in the some <br />zone or vicinity and resultfrom lot size or shape, topography or other circumstances over which the <br />owner of the property since the enactment of this Title has had no control. The unique circumstances <br />do not resultfrom the actions of the applicant. (Amended, Ord. 861, 9-22-11) <br />e. The variance does not alter the essential character of the neighborhood. (Amended, Ord. 861, 9- <br />22-11) <br />f. The variance requested is the minimum variance which would alleviate the practical difficulties. <br />Economic conditions alone do not constitute practical difficulties. (Amended, Ord. 861, 9-22-11) <br />g. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by <br />a variance as may be necessary to comply with the standards established by this Title or to reduce or <br />minimize the effect of such variance upon other properties in the neighborhood and to better carry <br />out the Intent of the variance. The condition must be directly related to and must bear a rough <br />proportionality to the impact created by the variance. (Amended, Ord. 861, 9-22-11) <br />Jon Sevald, AICP <br />Planner <br />763.717.4022 w 1763.717.4019 f <br />2401 County Road 101 Mounds View I MN 155112 <br />www.d,mQunds:Aew.mn.us <br />
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