02-12-1996 Council Packet - Laserfiche WebLink

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S 10.06connection with the granting of a variance neans: (I) the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; (2) the plight of the landowner is due to circuastances unique to his property not created by the landowner; (3) the variance, if granted, will not alter the essential character of the locality; (4) economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terns of this Chapter; (5) undue hardship also includes, but is not liaiited to, inadequate access to direct sunlight for solar energy systens. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harnony with this Chapter; (6) the Board of Appeals and Adjustments or the Council nay not permit as a variance any use that is not permitted under this Chapter for property in the xone where the affected person's land is located; and (7) the Beard or the Council nay permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. (c) The Board or the Council may impose conditions in granting of variances to insure compliance and to protect adjacent properties. 2. Subdivisions. Appeals to the Board of Appeals and Adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the subdivision regulations. The Board of Appeals and Adjustments has the following powers with respect to the subdivision regulations: (a) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the Subdivision Chapter. (b) To hear requests for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specific grounds set forth in the subdivision regulations. Unusual hardship includes, but is not limited to. Inadequate access to direct sunlight for solar energy systems. 3. Official Hap. After an official map is adopted, designating locations for future land that is needed for future street purposes and as sites for other necessary public uses, if a permit for a building in such location is denied, the Board of Appeals and Adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the Board finds, upon the evidence and the arguments presented to it: ORONO CC (4-1-84) § 10.oS(•) That the entlra pcoparty of th. ®PP®11^^^ which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such m permit is granted; and, , (t» That balancing the interest of the City in preserving the integrity of the official map and of the Comprehensive Municipal Plan and the interest of the owner of the property in the u:»e of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. C. In addition to the notice of hearing required by ” Section 462.354, Subd. 2, a notice shall be published in the official newspaper once at least ten days before the day of the hearing. If the Board of Appe*!s and Adji*dtmei.ta authorizes the issuance of a permit the Cruncil shall have six months from the date of the decision of tne Board to institute proceedings to acquire such land or interest cherein, and if no such proceedings are started within th.it time, che officer responsible for issuing building permits sh.ai iss'!.> the permit if the application otherwise conforms to thiw Chapter. The Board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which t)ie permit is granted. D. Appeals Procedures. The applicant or other person or officers of the City affected, may appeal by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current City fee schedule payable to the City, which fee shall not be refundable. E. Review by Council. The Council may review and revise any decision of the Board of Appeals and Adjustments. In reviewing such decision, the Council shall be guarded by the sane authority and guidelines set forth in this Section. -K 11 Hearings by the Board of Appeals and Adjustments Shall be held within such time and upon such notice to interested es follows: The Board shall within a reasonable time make its order deciding the matter and shall serve a copy of such ordec ^He appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. Subject to such limitation as may be imposed by the Council, the Board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The Board shall provide ORONO CC (4-1-84)