1981-10-07 PC Minutes - Laserfiche WebLink

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RESOL~U'1'ION NU. 37-b1 Page 2 ~~ and recommandations of the City staff, make a Einding of fact and decide upon requests for a var~anca by approving or denying tha same, in part or in whole, where it ie alleged by thQ appl.icant that a non-economic hardship in the reaeonable use o£ a sgecific parcel of property exiata. A hardehip that by some reason oE narrowness, shallowneaA or shape of a specific parcel of property or a lot exiating end o£ record upon the effective date of this Code or that by reason of exceptional Copographic or watar condition3 of a speqi£ic parcel of land or lut, the strict application of the term~ of the Code would result in excepCional diffi- culti.es when utilizing tha parce7. or lol• i^ a manner custom° ai•y ar~d legally per:nissable within the district in which said lot or parcel i3 located, ur would create undue hardship upon tha owner oE such lot or parcel that the ownar o£ another lot or parcal within the same district woul~l noL have iP he were to develop hia lot or parcel in a manner proposed by the appellant. Should the Doard Find that the conditions outlined heretofore apply to the proposed lot or parcel, the Board may grant a variance from the sY.rict application of this Code so aa to relieve cuch difficulties or hardahipa to the degree conaidered reasonable, provided auch rel.ief. may be qranted without impairing the intent of this Zoning Code. andJ WHEREAS, tha Minneaota Statutes atate: 462.357, Subdivision 5 Appeals and adjustments. Appeals to the Soard of Appeals and Adjustments may be taken by any affected parson upon compllance with any reasonable conditiona imposed by the zonfng ordinance. The Board of Appeals and Adjustmants has the following powerc with respect to the xoning ordinance: (1) Tq hear and decide appeals where it is alleged thnt there is nn error in any o:der, requirement, decision, ar deter,mination made by an administrative oEficer in the etiforcement of the zoning ordinance. (2) Tn hear requests for variances from the literal provisions of the ordinance in instances whera their strict enforce- ' ment would c~~use undue hardship because of c!rcumstances . unique ta the individual progerty under consideration, and ' to 9rant such vaciances nnly when it ie demonatxated thal: such actionrt will ba in keeping with the spitit an~i intent of the ordlnance. Unduo harclship includes, but is not ,...~, limited to, inadequate access to direct sunlight for solar ~ enec'gy syetems. Variances shall be granted for earth ahelhered construction as defined in Section 116FI.02, Sub- diviaion 3, when in harmony with the ordinance. Tho Board ~:,;; . . „