09-09-1996 Council Packet - Laserfiche WebLink

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^// IT •§ 10.0^^ without 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 may waive reference to the Board of Appeals and Adjustments. B. The Board shall hold hearings as required by Minnesota Statutes, Section 462.354, Subd. 2. A notice shall be published in the official newspaper once at least ten days before the day ^ 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 mailed 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 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 and the action taken on each matter heard by it, including 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: 1. The property in question cannot be put^ to a reasonable use if usid under conditions allowed by the official controls . ORONO CC 265 (4-1-84)