Laserfiche WebLink
J <br />c <br />/ <br />i/ # w 8 «b. 37 <br />§ 10.08 <br />Subd, 3. Variances; Issuances. <br />A. In considerin9 applications for variance^ the <br />Council shall consider the advice and recommendation of the Board <br />and the effect of the proposed variance upon the health, safety and <br />welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public <br />safety, and the effect on values of property in the surrounding <br />area. Before granting a variance, the Council shall hear requests <br />for variances from the literal provisions of this Chapter in <br />instances where their strict enforcement would cause undue hardship <br />because of circumstances unique to the individual property under <br />consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit <br />of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: <br />1. The property in question cannot be put to a <br />reasonable use if used under conditions allowed by the official <br />controls. <br />2. The plight of the landowner is due to <br />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 />3. The Board or Council may impose conditions in <br />granting of variances to insure compliance with this Chapter and to <br />protect adjacent properties. No variance shall be granted or <br />changed beyond the use permitted in this Chapter in the district <br />where such land is located. <br />Source: City Code <br />Effective Date: 4-1-84 <br />i