02-12-1996 Council Packet - Laserfiche WebLink

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-V . #• •• I <•{ S 10.08without Impairing iba intent end purpose of the Zoning Chapter. The Board of Appeals and Adjustaenta shall recoaaend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it nay deee advisable. The Council by unaniaous action Bay waive reference to the Board of Appeals and Adjustments. B. The Board shall hold hearings as required by Hinnesota Statutes, 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. Any party nay appear at the hearing in person or by agent or attorney. For the purpose of giving nailed notice, the person responsible for nailing the notice nay use any appropriate records to determine the names and addresses of each owner of affected property and property situated wholly or partly within 150 feet of the property that requires the variance. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be nad« a part of the records of the proceedings. The failure to give nailed notice to individual pcoperty owners, or defects in the nature shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. C. Subject to such limitations as nay 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 for a record of its proceedings which shall include the minutes of its meetings, its findings ^nd the action taken on each natter heard by it, including the final order. Subd. 3. Variances; Issuances. A. In considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anwiclpated traffic conditions, light and air, danger of fire, risk to the public and the effect on values of property in the surrounding area. Before grinting a variance, the Council shall hear requests for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit *nd intent of this Chapter. "Undue hardship* as used in connection with the granting of a variance means; 'The property in question cannot be put to a reasonable use If used under conditions allowed by the official controls. ORONO CC (4-1-04) . ./ A**S 10.082. The plight of the landowner is due to circumstances unique to his property not created by the lando%#ner.3. The variance, if granted, will not alter the essential character of the locality. 4. Bcononic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not lisiited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes# Section 116J.06# Subd. 2, when in harrony with this Chapter. 6. The Board of Appeals and Adjustnents or the Council nay not perxiit as a variance any use that is not permitted under this Chapter for property in the tone where the affected person's land is located. 7. The Board or Council nay permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. 9. The conditions do not apply generally to other land or structures in the district in which said .land is located. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Sources Ordinance 26, 2nd Series Adopted: 7-14-86 ORONJ CC (4-1-84) •7' .4* 6.