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09-09-1996 Council Packet
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09-09-1996 Council Packet
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S 10.082. The plight of the landowner is due to circumstances unique to his property not created by the landowner, <br />3. The variance, if granted, will not alter <br />the essential character of the locality. <br />4. Economic considerations alone shall not <br />constitute an undue hardship if reasonable use for the property <br />exists under the terms of this Chapter. <br />5. Undue hardship also includes, but is not <br />limited to, inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth sheltered <br />construction as defined in Minnesota Statutes, Section 116J.06, <br />Subd. 2, when in harmony with this Chapter. <br />6. The Board of Appeals and Adjustments or the <br />Council may not permit as a variance any use that is not permitted <br />under this Chapter for property in the zone where the affected <br />person's land is located. <br />7. The Board or Council may permit as a <br />variance the temporary use of a one-family dwelling as a two-family <br />dwelling. <br />8. The special conditions applying to the <br />structure or land in question are peculiar to such property or <br />immediately adjoining property. <br />9. The conditions do not apply generally to <br />other land or structures in the district in which said land is <br />located. <br />10. The granting of the application is <br />necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. <br />11. The granting of the proposed variance will <br />not in any way impair health, safety, comfort, morals, or in any <br />other respect be contrary to the intent of the Zoning Code. <br />12. The granting of such variance will not <br />merely serve as a convenience to the applicant, but is necessary to <br />alleviate demonstrable hardship or difficulty. <br />Source; Ordinance 26, 2nd Series <br />Adopted: 7-14-86 <br />ORONO CC 266 (4-1-84)
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