01-16-1996 Planning Packet - Laserfiche WebLink

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•• •• ’v;V *t* ‘ - #f*"’* ’ ■ “ •* - • • . ,m,miir; . V f <•{ ■I. ..i S 1^.08without lopairing tho Intent end purpose of the Soning Chapter. The Board of Appeals and Adjuataents shall recoanend such conditions related to the variance regarding the locitlon, character, and other features of the proposed building, structure, or use as it aay deea advisable. The Council by unaniaoua action aay waive reference to the Board of Appeals and Adjustaenta.B. The Board shall hold hearings as required by Ninnesota Statutes, Section 462.354, Subd. 2. A notice shall be published in the official newspaper once at least ten days before the day of the hearing. Any party aay appear at the hearing in person or by agent or attorney. For the purpose of giving aalled notice, the person responsible for nailing the notice nay use any appropriate records to deteralne the naaes and addresses of each owner of affected property and property situated wholly or partly within ISO 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 ■hall be nade 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 atteapt to coapiy with this Subdivision has been nade. C. Subject to such llaltations as nay be imposed by the Council, the Board nay adopt rules for the conduct of proceedings before it. Such rules aay include provisions foi 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 ainutes of its aeetings, its findings and the action taken on each natter 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 ccmnunity, 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 used under conditions allowed by the official controls. ORONO CC (4-1-84) ■ i. *.■!‘ 'T m iV t II t Tf 10.oa2. Th. plloht of tb. l.ndoMO.r 1. du. to eircumatanc. ualquo to hia prop.rty not craatod by tb. Uadowioc.3. Tb. .arlaiico. It pr.nt.d# will oot oltor tho oaa.ntial char.ctor of tho locality.4. Econo.le eonaldoratlona a Ion. aba 11 not conatltut. an undo, bardabip If r.aaonabl. oa. for tb. prop.rty axiata undar th. tanaa of tbia Cbaptor.S. Ondu. bardablp alto Inclodoa, but la not llmltod to. lnad.quata accoaa to Subd. 2, when Ir. harmony with this Chapter. 6. The Board of Appeals end A/*justments or the person's 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. i. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. 9. other land or structures located. The conditions do not apply generally to as in the district in which said land is 10. The granting of the application is 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 Xoning Code. 12. The granting of such variance will not merely serve as a convenience to the apolicant, but is necessary to alleviate demonstrable hardship or difficulty. Source: Ordinance 26, 2nd Series Adopted: 7-14-16 ORONO CC (4-1-84) . ^ V •' -j. e • %•