Planning Commission Resolution 37-81

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RESOLUTION NO. 37-81 Page 3 • of Appeals and Adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for proper- ty in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of one family dwelling as a two family twelling. The board or governing body as the case may be may impose con- ditions in the granting of variances to insure compliance and to protect adjacent properties. further that: 394.27, Subdivision 7 and; 6WHEREAS, the Mounds View Planning Commission has reviewed the he variance request for the remodeling of a garage use to a livable rea use with only an eight (8) foot setback and found that granting The Board of Adjustment shall have the exclusive power to order the issuance of variances from the terms of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control in cases when there are practical difficulties or particular hardship in the way of carrying out the strict letter of any official • control, and when the terms of the variance are consis- tent with the comprehensive plan. "Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official con- trols; the plight of the landowner is due to circumstances unique to his property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. Variances shall be granted for earth sheltered construc- tion as defined in Section 116H.02, Subdivision 3, when in harmony with the official controls. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The Board of Adjustment may impose conditions in the granting of variances to insure compliance and to protect adjacent properties and the public interest. The Board of Adjustment may consider the inability to use solar energy systems a "hardship" in the granting of variances. and; 6WHEREAS, the Mounds View Planning Commission has reviewed the he variance request for the remodeling of a garage use to a livable rea use with only an eight (8) foot setback and found that granting