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Ordinance 861 Page 4 SECTION 4. The Mounds View City Council hereby amends Title 1200, Chapter 1205, Section 1205.02 of the Mounds View Zoning Code about Variances by deleting the stricken language and adding the underlined text as follows: Title 1200, Chapter 1205, Section 1205.02 of the Mounds City Code: 1205.02: VARIANCES: The Council may grant a variance of these subdivision regulations in any particular case where the subdivider can show that, by reason of exceptional topography or other physical conditions unique circumstances relating to a specific lot, the strict compliance with these regulations could cause an exceptional and undue imposes unusual hardship on the enjoyment of a substantial property right; provided, such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of this Chapter. to the subdivider in the use of his or her land. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. A variance may be granted only if the Council finds that all of the following circumstances exist: Subd. 1. The variance is in harmony with the general purposes and intent of these regulations. Subd. 2. The variance is consistent with the Comprehensive Plan. Subd. 3. The subdivider proposes to use the property in a reasonable manner not permitted by these regulations or the City Zoning Ordinance. Subd. 4. Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of these regulations has had no control. That the unique circumstances do not result from the actions of the applicant. Subd. 5. The variance does not alter the essential character of the neighborhood. Subd. 6. That the variance requested is the minimum variance which would alleviate the unusual hardship. Economic conditions alone do not constitute unusual hardship. Subd. 7. The Council may impose such conditions upon the premises benefited by the variance, as may be necessary to comply with the standards established by this section or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance.