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)oard of <br />tuted as <br />oard are <br />ces, the <br />als and <br />^ariance <br />ter and <br />1 to the <br />(ve such <br />without <br />Board of <br />id to the <br />ts of the <br />e. The <br />Appeals <br />Ita tutes <br />d in the <br />tear ing. <br />torney, <br />ble for <br />line the <br />>roperty <br />equires <br />ers and <br />► by the <br />i of the <br />ividual <br />late the <br />th this <br />:il, the <br />• Such <br />sses and <br />provide <br />s of its <br />d by i t, <br />Council <br />and the <br />Lfare of <br />Ight and <br />1 values <br />ice, the <br />visions <br />t would <br />ividual <br />when i t <br />% <br />;0v', : .vTt ■ <br />Pi \ <br />A •• <br />I <br />cv’-' <br />is demonstrated that such actions will be in keeping with the spirit and <br />intent of the ordinance. "Undue hardship" as used in connection with <br />tne granting of a variance means; <br />A) The property in question cannot be put to a reasonable <br />use if used under conditions allowed by the official <br />controls. <br />B) ^ The plight of the landowner is due to circumstances <br />unique to his property not created by the landowner. <br />C) The variance, if granted, will not alter the essential <br />character of the locality. <br />D) Economic considerations alone shall not constitute an <br />undue hardship if reasonable use for the property exists <br />under the terms of the ordinance. <br />E) Undue hardship also includes, but is not limited to, <br />inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth sheltered <br />construction as defined in Minnesota Statutue Section <br />116J.06, sub. 2, when in harmony with the ordinance. <br />F) The Board of Appeals and Adjustments or the City Council <br />may not permit as a variance any use that is not permitted <br />under the ordinance for property in the zone where the <br />affected person’s land is located. <br />G) The Board or City Council may permit as a varaince the <br />temporary use of a one-family dewlling as a two-family <br />dwelling. ^ <br />The Board or City Council may impose conditions in granting of <br />variances to insure compliance and to protect adjacent <br />properties. <br />Add new section after 32.371 to read as follows: <br />Section 32.371. Acertified copy of every variance granted under the <br />provisions of Minnesota Statutes Section 462.358 and 462.359 shall be <br />filed with the Hennepin County recorder. Variances filed with with <br />the County Recorder pursuant to Minnesota Statute Section 462.36 <br />Subdivision (1) do not constitute encumbrances on real property. The <br />order issued by the City shall include the legal description of the <br />property involved. Failure to file a variance shall not affect its <br />validity or enforceability. <br />Amend Section 32.450 as follows: <br />32.450. Conditional Uses: Hearings and Notice. The Planning <br />hearing, shall be given not less than ten (lH) days or more than thirty <br />r <br />.. . . . .Ill <br />'4 <br />' 1 <br />> <br />1.- <br />I <br />‘i; <br />K1 <br />7 ' . • ’ •,r <br />(30) <br />offic <br />descr <br />and p] <br />the Ci <br />the pi <br />land i <br />respo <br />deter <br />list c <br />attes <br />recor <br />indi V <br />inval <br />wi th <br />Plann <br />state <br />perti <br />cond i <br />may af <br />such <br />Commi <br />befor <br />to wit <br />shall <br />minut <br />matte <br />Counc <br />for o <br />evide <br />condi <br />and t <br />Compr <br />condi <br />opera <br />safet <br />impro <br />compi <br />grant <br />as th