Laserfiche WebLink
Here are the state statute, the current code and a first draft of a revised code. Please review them <br /> so we can discuss this at the April 1 work session. <br /> State Statute <br /> OFFICIAL CONTROLS: ZONING ORDINANCE. <br /> Subd. 6.Appeals and adjustments. <br /> Appeals to the board of appeals and adjustments may be taken by any affected person upon <br /> compliance with any reasonable conditions imposed by the zoning ordinance. The board of <br /> appeals and adjustments has the following powers with respect to the zoning ordinance: <br /> (1) To hear and decide appeals where it is alleged that there is an error in any order, <br /> requirement, decision, or determination made by an administrative officer in the <br /> enforcement of the zoning ordinance. <br /> (2) To hear requests for variances from the literal provisions of the ordinance in instances <br /> where their strict enforcement would cause undue hardship because of circumstances <br /> unique to the individual property under consideration, and to grant such variances only <br /> when it is demonstrated that such actions will be in keeping with the spirit and intent of <br /> the ordinance. "Undue hardship" as used in connection with the granting of a variance <br /> means the property in question cannot be put to a reasonable use if used under conditions <br /> allowed by the official controls, the plight of the landowner is due to circumstances <br /> unique to the property not created by the landowner, and the variance, if granted,will not <br /> alter the essential character of the locality. Economic considerations alone shall not <br /> constitute an undue hardship if reasonable use for the property exists under the terms of <br /> the ordinance. Undue hardship also includes,but is not limited to, inadequate access to <br /> direct sunlight for solar energy systems. Variances shall be granted for earth sheltered <br /> construction as defined in section 216C.06, subdivision 14, when in harmony with the <br /> ordinance. The board of appeals and adjustments or the governing body as the case may <br /> be, may not permit as a variance any use that is not permitted under the ordinance for <br /> property in the zone where the affected person's land is located. The board or governing <br /> body as the case may be, may permit as a variance the temporary use of a one family <br /> dwelling as a two family dwelling. The board or governing body as the case may be may <br /> impose conditions in the granting of variances to insure compliance and to protect <br /> adjacent properties. <br /> 4 <br />