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07-20-2011
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07-20-2011
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MV City Council
City Council Document Type
City Council Packets
Date
7/20/2011
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Res 947-11 <br />Page 3 <br /> <br /> <br />(2) tThe request is related to a pre-existing, non-conforming driveway or curb cut. <br /> <br />b. Review Procedures: The Director of Community Development will review <br />administrative variance requests. In order to be approved, the variance request must <br />meet the hardship criteria as stated in Section 1125.02, Subdivision 2. If hardship is <br />evident all of the criteria are met and approval is granted, the adjacent property owners <br />must be notified by mail of the preliminary approval and allowed ten (10) days to <br />respond to the decision. Absent any opposition from adjacent property owners, the <br />Planning Commission shall review the administrative variance request at the following <br />regularly scheduled meeting. <br /> <br />c. Denial and Appeals: If the Director chooses to deny a request, or if either the <br />adjacent neighbors or the Planning Commission disagrees with administrative approval <br />of a variance request, the request is denied administratively and the applicant may <br />choose to request a formal variance from the Planning Commission. <br /> <br />d. Fees: Administrative variance fees are set according to the fee schedule adopted <br />by City Council resolution. <br /> <br /> <br />Title 1000, Chapter 1008, Section 1108.16, subdivision 1 of the Mounds View City <br />Code: <br /> <br />Subd. 1. A variance to the provisions of Chapter 1008 may be considered by the Board of <br />Adjustment and Appeals to provide relief to the landowner in those cases where the Code <br />imposes undue hardship or practical difficulties to the property owner. Applications shall be <br />submitted and reviewed in the same manner as indicated in Chapter 1125 of the Mounds <br />View Zoning Code. <br /> <br /> <br />Title 1200, Chapter 1205, Section 1205.02 of the Mounds City Code: <br /> <br />1205.02: VARIANCES: The Council may grant a variance of these subdivision <br />regulations in any particular case where the subdivider can show that, by reason of <br />exceptional topography or other physical conditions unique circumstances relating to a <br />specific lot, the strict compliance with these regulations could cause an exceptional and <br />undue imposes unusual hardship on the enjoyment of a substantial property right; provided, <br />such relief may be granted without detriment to the public welfare and without impairing the <br />intent and purpose of this Chapter. to the subdivider in the use of his or her land. Unusual <br />hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy <br />systems. A variance may be granted only if the Council finds that all of the following <br />circumstances exist: <br /> <br />Subd. 1. The variance is in harmony with the general purposes and intent of these <br />regulations.
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