09-08-1986 Council Packet - Laserfiche WebLink

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Further, the Code provides at Section 10.08 subdivision 3(A)(1) that "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. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. C. Case Law Interpreting Municipal Power to Grant or Deny Zoning Variances. A City Council has broad discretionary power in its decisions on applications for variances.. VanLandshoot v. City of Mendota Heights, 336 N.W.2d 563, 509 (Minn. 1983). The standard of review on zoning matters, including the grant or denial of variance requests, is whether the zoning authority's action was reasonable. Northwest Residence v. City of Brooklyn Center, 352 N.W. 2d 764, 767 (Minn. App. 1984). Citing VanLandshoot, the Court stated in Northwest that We examine the municipality's action to ascertain whether is was arbitrary and can_ricio,; , or whether the reasons assigned by the governing body do not have the slightest vali6ity or bearing on the genera]. welfare of the immediate area, or whether the reasons given by the body were legally sufficient and had a factual basis. (Citation omitted). In variance cases, reasonableness is measured by the standards set out in the local ordinance. VanLandshoot, 336 N.W. 21 at 508, footnote 6. D. Conclusion. Thus, the City Council must determine whether it reasonably finds, in its discretion and based on the standards set forth in the Code, that the Schalls would suffer undue hardship if the zoning ordinance is strictly applied in this case. The Council's inquiry should address all elements of undue hardship set forth in the Code and discussed above -At paragraph B(1-4). If the Council finds in the affirmative on these questions, then it may in its discretion grant the Schall's application for a variance. If the Council grants the variance, its record should support its findings of undue hardship in regard to both aspects of the variance application--i.e., garage expansion and bedroom use. -2-