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1665.06 Van • Subd. 1. ARpli� can. An owner of property with an existing structure which does not comply with the Zoning Code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee specified in Subsection 615.07. Subd. 2. Council Approval. Variances to the dimensional provisions of the Zoning Code may be granted by the Council upon recommendation of the Board of Adjustments and Appeals, after a hearing is held by the Board of Adjustments and Appeals. Variances will not be granted Nvith respect to uses. A majority affirmative vote of Council members present is required to approve a variance. Subd. 3. Evidence. No variance will be granted unless the evidence presented discloses all of the following facts: (a) The subject matter of the application is within the scope of this Subsection. (b) Strict enforcement would cause undue hardship because: (1) The property cannot be put to a reasonable use without the variance. The circumstances causing the hardship were not created by the owner. (3). The variance, if granted, will not alter the essential character of the locality. (4) Economic considerations alone are not the basis of the hardship. (c) The circumstances causing the hardship are unique to the individual property under consideration. (d) The granting of the variance is in keeping with the spirit and intent of the Zoning Code. Subd. 4. Planning Commission Recommendation. The Planning Commission.will consider the application at a public hearing at any regular or special meeting. Notice for the hearing will be given in accordance with Section 115. The Planning Commission, sitting as the Board of Adjustments and Appeals, -,viu make a recommendation to the Council as follows: (a) Recommend that the variance application be granted because the evidence considered at the meeting supports each of the findings required'under Subdivision 3 of this Subsection. _•� 1647