Agenda Packets - 1985/08/12 - Laserfiche WebLink

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40.26 Subd. B Organization, Meeting,, The Board of Adjustment and Appeals may elect a chairman from among its appointed - members for a term of one (1) year; and the Board may create and fill such other offices as it may determine. The Board shall meet by order of its Chairman, after notice, whenever an appeal has been properly presented to it. A two-thirds (2/3) vote of a properly convened Board meeting shall be required to grant the relief sought in the appeal. Subd. C All written reports and recommendations to the Board of Adjustment and Appeals from the City staff shall be entered in and made part of the permanent written record of the Board's meeting. Subd. D Criteria for Granting Variances. A variance to the provision of the Zoning Code may be issued by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of his land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: (1) Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circum- stances over which the owners of the property since enactment of this Code have had no control. (2) The literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code. (3) That the special conditions or circumstances do not result from the actions of the applicant. (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to owners of other lands, structures or buildings in the same district. (5) That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. (6) The variance would not be materially detrimental to the purpose of this Code, or to other property in the same zone. - 108-