02-12-1996 Council Packet - Laserfiche WebLink

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•• I S-, * S 10.08vithout impairing the Intent and purpose of the Zoning Chapter. The Board of Appeals and Adjustments shall recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable. The Council by unanimous action ■ay waive reference to the Board of Appeals and Adjustments. B. The Board shall hold hearings as required by Minnesota Statutes, Section 462.3S4, Subd. 2. A notice shall be published In the official newspaper once at least ten days before the day of the hearing. Any party may appear at the hearing in person or by agent or attorney. For the purpose of giving mailed notice, the person responsible for mailing the notice may 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 made a part of the records of the proceedings. The failure to give nailed notice to individual property 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 may be imposed by the Council, the Board may adopt rules for the conduct of proceedings before it. Such rules may include provisions fcr 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 and the action taken on each matter 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 anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting 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 and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: reasonable use controls. ORONO CC 1. The property In question cannot be put to a if used under conditions allowed by the official (4-1-84) «>. ...” ■—«.S 10.082. The plight of the landowner 1s 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. Economic considerations alone ahail 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 limited to, inadequate access to dirsct sunlight for solar energy systems. Variances shall be granted for earth aheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or thm Council may not permit as a variance any use that is not peralttsd under this Chapter for property in the zone where the affected person*a land is located. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 8. The special conditions applying to ths structure or land in question are peculiar to such property or immediately adjoining property. 9. The conditions do not apnly generally other land or structures in the district in which aaid land located. 10. The granting of the application it 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 la necessary to alleviate demonstrable hardship or difficulty. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 to is ORONO CC 266 (4-1-84) - UjZZ