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MOUNDS VIEW PLANNING COMMISSION <br />RESOLUTION NO. 947-11 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br /> <br /> RESOLUTION RECOMMENDING AMENDMENTS TO TITLE 1100, <br />CHAPTERS 1102 AND 1125 OF THE MOUNDS VIEW ZONING CODE AND <br />AMENDING TITLE 1000, CHAPTER 1008 AND TITLE 1200, CHAPTER 1205 OF THE <br />MOUNDS VIEW CITY CODE REGARDING VARIANCES <br /> <br /> <br />WHEREAS, City staff has recommended that the Mounds View City Code and <br />Zoning Code language for variances be amended to be consistent with the 2011 adopted <br />state code variance language; and, <br /> <br />WHEREAS, City staff has amended Chapters 1102 and 1125 of the Mounds View <br />Zoning Code Chapter 1008 and 1205 of the Mounds View City Code by deleting the <br />stricken language and adding the underlined text as follows: <br /> <br /> <br />Title 1100, Chapter 1102, Section 1102.02, subdivision 124 of the Mounds View <br />Zoning Code: <br /> <br />Subd. 124. VARIANCE. The waiving by Board action of the literal provisions of the <br />Zoning Code in instances where their strict enforcement would cause undue hardship <br />practical difficulties because of physical unique circumstances unique related to the <br />individual property under consideration. <br /> <br /> <br />Title 1100, Chapter 1125, Section 1125.02, subdivisions 2 and 6 of the Mounds View <br />Zoning Code: <br /> <br />Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code <br />may be issued by the Board of Adjustment and Appeals, or in the case of an administrative <br />variance, by the Director of Community Development as explained in Section 1125.02, <br />subdivision 6, to provide relief to the landowner in those cases where the Code imposes <br />undue hardship or practical difficulties to the property owner in the use of the property <br />owner’s land. Practical difficulties include, but are not limited to, inadequate access to <br />direct sunlight for solar energy systems. No use variances may shall be issued granted <br />that would allow any use that is not allowed in the zoning district in which the subject <br />property is located. A variance may be granted only in the event that all of the following <br />circumstances exist: <br /> <br />a. Exceptional or extraordinary circumstances apply to the properties which do not <br />apply generally to other properties in the same zone or vicinity and result from lot size <br />or shape, topography or other circumstances over which the owners of the property <br />since the effective date hereof have had no control The variance is in harmony with <br />the general purposes and intent of this Title.