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06-13-2005 Council Packet
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06-13-2005 Council Packet
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i <br />■L' <br />I'* <br />§78-100 ORONO CITY CODE <br />upon the specific grounds set forth in the <br />subdivision regulations. Unusual hard <br />ship includes but is not limited to inade <br />quate access to direct sunlight for solar <br />energy systems. <br />(Code 1984, i 10.06(3XBX2)) <br />See. 78>101. Offlelal map. <br />After an official map is adopted, designating <br />locations for future land that is needed for future <br />street purpoaea and as sites for other necessary <br />public uses, if a permit for a building in such <br />location is denied, the board of appeals and ad <br />justments shall have the power, upon appeal filed <br />with it by the owner of the land, to grant a permit <br />for building in sudi location in any case in which <br />the board finds, upon the evidence and the argu <br />ments presented to it, that: <br />(1) The entire property of the appellant of <br />which such area identified for public pur <br />poses forms a part cannot yield a reason <br />able return to the owner unless such a <br />permit is granted; and <br />(2) Balancing the interest of the city in pre <br />serving the integrity of the official map <br />and of the oomprdiensive municipal plan <br />and the interest of the owner of the prop <br />erty in the use of his property and in the <br />benefits of ownership, the grant of such <br />permit is required by considerations of <br />justice and equity. <br />(Cfode 1984, { 10.06(3XBX3)) <br />8Uto law nteeafle—Bflbct ofoindsl map, Mina Stat <br />|468.8Se,aubd8. <br />Secs. 78-108 —78.120. Reserved. <br />Subdivision H. Mbnances* <br />See, 78*181. When granted. <br />The council upon application may grant vari <br />ances from the strict application of the provisions <br />of this chapter and impose conditions and safe <br />guards in the variances so granted, in cases <br />where there are practical difficulties or particular <br />hardshipe in the way of carrying out the strict <br />•Steto law raCmace-Vkrimiem, Minn. SUL 1 462.357, <br />mibd. 6(2i. <br />letter of the regulations of this chapter and where <br />the variance does not adversely affect the purpose <br />and intent of this chapter nor the health or <br />welfare of the public. <br />(Code 1984, S 10.08(1)) <br />Sec. 78*122. References to board. <br />Before authorization of any variances by the <br />council, the request shall be referred to the board <br />of appeals and adjustments for study concerning <br />the effect of the proposed variance upon the <br />comprehensive mtmicipal plan and on the charac <br />ter and development of the neighborhood: and for <br />its recommendation to the council for the grant <br />ing of such variance so as to relieve such difficul <br />ties or hardship to the degree considered reason <br />able without impairing the intent and purpose of <br />this chapter. The board of appeals and adjust <br />ments shall recommend such conditions related to <br />the variance regarding the location, character <br />and other features of the proposed building, struc <br />ture or use as it may deem advisable. The council <br />by unanimous action may waive reference to the <br />board. <br />(Code 1984, S 10.08(2XA)) <br />Sec. 78*123. Issuances. <br />(a) In considering applications for variance, <br />the council shall consider the advice and recom <br />mendation of the board of appeals and adjust <br />ments and the effect of the proposed variance <br />upon the health, sedety and welfare of the com <br />munity, existing and anticipated traffic condi <br />tions, light and air, danger of fire, risk to the <br />public safety, and the effect on values of property <br />in the surrounding area. Before granting a vari <br />ance, the council shall hear requests for variances <br />from the literal provisions of this chapter in <br />instances where ^eir strict enforcement would <br />cause undue hardship because of circumstances <br />unique to the individual property under consider <br />ation, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping <br />with the spirit and intent of this chapter. The <br />parameters within which a variance may be <br />granted are as follows: <br />(1) The property in question cannot be put to <br />a reasonable use if used under conditions <br />allowed by the official controls. <br />CD78:28
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