Planning Commission Resolution 37-81

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RESOLUTION NO. 37-81 Page 2 and recommendations of the City staff, make a finding of fact and decide upon requests for a variance by approving or denying the same, in part or in whole, where it is alleged by the applicant that a non -economic hardship in the reasonable use of a specific parcel of property exists. A hardship that by some reason of narrowness, shallowness or shape of a specific parcel of property or a lot existing and of record upon the effective date of this Code or that by reason of exceptional topographic or water conditions of a specific parcel of land or lot, the strict application of the terms of the Code would result in exceptional diffi- culties when utilizing the parcel or lot in a manner custom- ary and legally permissable within the district in which said lot or parcel is located, or would create undue hardship upon the owner of such lot or parcel that the owner of another lot or parcel within the same district would not have if he were to develop his lot or parcel in a manner proposed by the appellant. Should the Board find that the conditions outlined heretofore apply to the proposed lot or parcel, the Board may grant a variance from the strict application of this Code so as to relieve such difficulties or hardships to.the degree considered reasonable, provided such relief may be granted 4 Pwithout impairing the intent of this Zoning Code. and; WHEREAS, the Minnesota Statutes state: 462.357, Subdivision 6 Appeals and adjustments. Appeals to the Board of Appeals and Adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The Board of Appeals and Adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforce- ment would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. Undue hardship includes, but is not • limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Section 116H.02, Sub- division 3, when in harmony with the -ordinance. The Board