1981-10-07 PC Minutes - Laserfiche WebLink

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RESOLUTION NO. 37-81 Yage 3 ~ of Appeals and Adjuetmenta or the govarninq body as the case may ba, may not permit as a vuriance any use that is not permitted under the ordinance for proper- ty 1n tha zone where the afEected peraon's land i~ l~cated. Tha board or governing 6ody as the cnoe may be, may permit as a variance the temporary uae of one family dwelling as a two family twelling. The board or governinq body as the case may be may impose con•- ditiona in the qranting of variances to ~nsure compliance and to protect adjacent properties. further that: 394.27, Subdivision 7 The Soax•d of A3justment shall have the exolusi.ve power to order the issuance of variances from the terms of any official c.ontrol including restrictiona placed on nonconformities. Variances ahall only be permitted when Lhey are in harmony with the general purpo:,as and intent of the offic~al control in cases when there are practical diff.icultios or particular hardship in the ~ way of carrying out the strict lekter of any official control, and when the terms of t•he variance are consis- tent with the comprehensive plan. "Ftardship" as used in connection with the granting of a variance means the ~roperty in question cannot ae put ta a reasonable use i£ used ~nder the conditions allowed by the official con- trolej the plight of the landowner is due to circumstances unique to his property not created by the landowner; and the variahce, if granted, will not alter the es:+=ntial character of the locali.ty. Economic conaiderations alone ahall not cor.stitute a hardship iP a reasonable use for the property exists under the terma of lhe ordinance. Variancea aha11 be granted for earth eheltered conatruc- tinn aa da£ined in Section 11GN.02, Subdivision 3, when i.n harmony with the ofEicial controls. No varianca may be granted 'chat would alluw any use t:.hat is prohibited in L•ha zon.ing district in which the subject propcrty is located. The Doard of Adjustment ma,y impose conditions in the granting of variances to insure complience and to protact adjacent properties and the public interest. The .~oard of j Adjustment may consider the inability to use solar energy . syetems a"hardship" in the granting of variances. nnd; WHERGnS, 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 ~etback and found that granting