12-15-1997 Planning Packet - Laserfiche WebLink

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demonstrate that if compliance with the ordinance occurred, there would be no reasonable use of the owner ’s property. The fact that the property owner might make a greater profit by using the property in a manner prohibited by the ordinance is considered irrelevant. At least part of the essence of zoning is the common protection that it affords all property owners, on the theory that all will benefit if they comply. A major restriction that must be observed is that the hardship which serves as a basis for granting the variance must be unique to the property of the applicant. If the condition of which the owner complains in city or area-wide, it must be presumed that the municipality is aware of this condition. Where general conditions are found to exist, the proper relief is an amendment to the ordinance, not the granting of a variance. The variance that is granted must also be in harmony with the general purpose and intent of the ordinance and preserve its spirit. In interpreting the statutory language on which this requirement is based, the courts have said that the governing authority may not grant a variance authorizing the applicant to enlarge a nonconforming use or in any way make it more permanent. In most states, including Minnesota, the governing body may not grant a use variance based on the theory that a use variance amounts to an exercise of legislative authority. In recommending variances for approval, the Planning Commission is to safeguard the public safety and welfare. Unlike an ordinary court, the Plaiming Commission and City Council serve as an advocate of the public interest. This should be the foremost consideration, rather than considering the duties as arbitration of disputes among private parties. If more harm will be done to neighboring properties by granting a variance than denying it, the variance should be denied. In granting variances, the governing body has the power to place conditions on the variance since a variance is regarded as a special privilege rather than as a right. The property owner, in order to enjoy it, must comply with whatever reasonable conditions are imposed, even though they may go beyond the permissible range of ordinary police power regulations. Variances bv Zoning District Table 1 lists the number of variance applications by zoning district. The zoning district that had the most variances is the LR-IC district. This is the zoning district for ail of Casco Point, Fagemess Point, along Shadywood Road and the northern part of Navarre along Crystal Bay Road. The minimum lot sizes in the LR-IC district is 1/2 acres. The lot width requirement is 100'. The front and rear setback is 30'. The side yard setback is 10'. Many of the existing lots in this district do not meet the minimum requirements. Variance Analysis December 15,1997 page-3 L