06-28-1993 Council Minutes2 - Laserfiche WebLink

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mu;cs, ;oil ec- led nd ac- or r»ly ms llo rm ISC in )n- hc VO m- ve id ‘SS ay ty n- m cs it c- tg n • ^4* • Jv, •w • i*- %*'V Tjt.rt^ • •iS: “ ■rvT-';x- ■M .-Ci- ■> & » .'4^: ;>• • • 99 r • •• • W ' •# ..i'j jU- biuii uc maac m ojiiionnancc wiin mis section out only alter tnere snail have been liled in the otVicc of the city clerk a written consent of the owmers of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous prop erty within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The gov erning body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commis sion or planning board of such city shall have made a survey of the w hole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily news paper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjust ments may be taken by any affected person upon compliance with any reasonable con ditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the liteial provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of cir cumstances 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 the ordinancc.,^‘*Undue hardship” as used in connection with the granting of a variance means th^roperty in question c^j^ot be put to a reasonable use if used under conditions allowed by the official controls^e plight of the laMowner is due to circumstances unique to the property not created by the lan^wner^md the variance, if granted, will not alter the essential character of the localit^Qcconomic con siderations alone shall not constitute an undue hardship if reasonable use for the proi>- erty exists under the terms of the ordinanco^^nduc hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construcH^ as dehned in section 1 16J.06, subdivision 2, when in harmony with the ordinancofeilie board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permittedM+nder the ordinance for property in the zone where the affected person ’s land is locateuLt he board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or gov erning body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Subd. 6a. It is the policy of this state that handicapped persons and children