01-16-1996 Planning Packet - Laserfiche WebLink

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'f. ‘r. ,* ^ , . ,S 10.06eoniiftctioii with the 9rantln9 of a variance aeanst (I) the property in queition cannot be put to a reasonable use if used under conditions allowed by the official controlsi (2) the pli9ht of the landowner it due to circuastancea unique to hia property not created by the landowneri (3) the variance, if qranted, will not alter the essential character of the locality; (4) econoaic considerations alone shall not constitute an undue hardship if reasonable use for the property esists under the teras of this Chapteri (5) undue hardship alto includes, but is not liaited to, inadequate access to direct sunlisht for solar enersy systeas. Variances shall be qranted for earth sheltered construction as defined in Minnesota Statutes, Section liej.06, Subd. 2, when in haraony with this Chapter; (6) the Board of Appeals and Adjustaents or the Council aay not pernit as a variance any use that is not peraitted under this Chapter for property in the tone where the affected person's land is located; and (7) the Board or the Council aay perait as a variance the teaporary use of a one-faaily dwelling as a two-faaily dwelling. (c) The Board or the Council aay iapoae conditions in granting of variances to insure coapliance and to protect adjacent properties. 2. Subdivisions. Appeals to the Board of Appeals and Adjustaents nay be taken by any affected person upon coapliance with any reasonable conditions iaposed by the subdivision regulations. The Board of Appeals and Adjustaents has the following powers with respect to the subdivision regulations: (a) To hear and decide appeals where it is alleged that there is an error in any order, requireaent, decision, or deteraination aade by an adainistrative officer in the snforceaent of the Subdivision Chapter. (b) To hear requests for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances nay be granted only upon the specific grounds set forth in the subdivision regulations* Unusual hardship includes, but is not liaited to, inadequate access to direct sunlight for solar energy systeas. 3. Official Map. After an official aap is adopted, designating locations for future land that is needed for future street purposes and as sites for other necessary public uses, if a perait for a building in such location is denied, the Board of Appeals and Adjustaents shall have the power, upon appeal filed with it by the owner of the land, to grant a perait for building in such location in any case in which the Board finds, upon the evidence and the argusents presented to it: ORONO CC (4-1-84) Tn- L.____ I 10.<4(a) That the entire prop%:ty of the appellant of which such area identified for public purposes foras a part cannot yield a reasonable return to the owner unless such s perait is granted; and.(b) That balancing the interest of the City in preserving the integrity of the official aap and of the Coaprehensive Municipal Plan and the interest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such perait is required by considerations of justice and equity. C. In addition to the notice of hearing required by Minnesota Statutes, Section 462.354, Subd. 2, a notice shall be published in the official newspaper once at leaat ten days before the day of the hearing. If the Board of Appeals and Adjustaents authorises the issuance of a perait the Council shall have six aontbs froa the date of the decision of the Board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that tine, the officer responsible for issuing buildine peraits shall issue the perait if the application otherwise conforas to this Chapter. The Board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the perait is granted. 0. Appeals Procedures. The applicant or other person or officers of the City affected, aay appeal by filing a written notice stating the action appealed froa and stating the specific grounds upon which the appeal is aade. The notice shall be accoapanied by a fee in the aaount prescribed by the current City fee schedule payable to the City, which fee shall not be refundable. B. Review by Council. The Council aay review and revise any decision of the Board of Appeals and Adjustaents. In reviewing such decision, the Council shall be guarded by the saae authority and guidelines set forth in this Section. P. Bearings by the Board of Appeals and Adjustaents shall be held within such tiae and upon such notice to Interested parties, as follows: The Board shall within a reasonable tiae aaka its order deciding the aatter and shall serve a copy of such order upon the appellant or petitioner by sail. Any party aay appear at the hearing in person or by agent or attorney. Subject to such limitation as aay be imposed by the Council, the Board aay adopt rules for the conduct of proceedings before it. Such rules aay include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The Board shall provide ORONO CC (4-1-84) N . •