09-08-1986 Council Packet - Laserfiche WebLink

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M E14OR ANDIJM TO: City Administrator FROM: City Attorneys DATE: August 28, 1986 RE: Schall Variance Request I I'• i I; j I . SEP - 21986 I. Variances under Minnesota Law and City Ordinance A. Statutory Authority for Zoning Variances. The Minnesota Legislature has empowered municipalities to determine and plan the use of land within their boundaries. Minn. Stat. Section 462.351. The legislature has further provided that variances may be granted when strict application of a zoning ordinance would cause "undue hardship." Minn. Stat. Section 462.357 subd. 6. "Undue hardship" as defined by statute means that: the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to the circumstances unique to his [sic) property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. B. City Code Authority for Zoning Variances. The City's Municipal Code provides for variances at Section 10.08. Subdivision 3 thereof sets forth the factors which the City Council shall consider in deciding upon applications for variances. The Code provides at subdivision 3(A) that: [b]efore 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 keeping with the spirit and intent of this Chapter.