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09-18-2006 Planning Commission Packet
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09-18-2006 Planning Commission Packet
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residential to either commercial or industrial of a property <br /> located in a city of the first class, except a city of the first <br /> class in which a different process is provided through the <br /> operation of the city's home rule charter. In a city to which <br /> this subdiv'ision applies, amendments to a zoning ordinance shall <br /> be made in conformance with this section but only after there <br /> shall have been filed in the office of the city clerk a written <br /> consent of the owners of two-thirds of the several descriptions <br /> of real estate situate within 100 feet of the total contiguous <br /> descriptions of real estate held by the same owner or any party <br /> purchasing any such contiguous property within one year . <br /> preceding the request, and after the affirmative vote in favor <br /> thereof by a majority of the members of the governing body of <br /> any such city. The governing body of such city may, by a <br /> two-thirds vote of its members, after hearing, adopt a new <br /> zoning ordinance without such written consent whenever the <br /> planning commission or planning board of such city shall have <br /> made a survey of the whole area of the city or of an area of not <br /> less than 40 acres, within which the new ordinance or the <br /> amendments or alterations of the existing ordinance would take <br /> effect when adopted, and shall have considered whether the <br /> number of descriptions of real estate affected by such changes <br /> and alterations renders the obtaining of such written consent <br /> impractical, and such planning commission or planning board <br /> shall report in writing as to whether in its opinion the <br /> proposals of the governing body in any case are reasonably <br /> related to the overall needs of the community, to existing land <br /> use, or to a plan for future land use, and shall have conducted <br /> a public hearing on such proposed ordinance, changes or <br /> alterations, of which hearing published notice shall have been <br /> given in a daily newspaper of general circulation at least once <br /> each week for three successive weeks prior to such hearing, <br /> which notice shall state the time, place and purpose of such <br /> hearing, and shall have reported to the governing body of the <br /> city its findings and recommendations in writing. <br /> Subd. 6. Appeals and adjustments. Appeals to the <br /> board of appeals and adjustments may be taken by any affected <br /> person upon compliance with any reasonable conditions imposed by <br /> the zoning ordinance. The board of appeals and adjustments has <br /> the following powers with respect to the zoning ordinance: <br /> (1) To hear and decide appeals where it is alleged that <br /> there is an error in any order, requirement, decision, or <br /> determination made by an administrative officer in the <br /> enforcement of the zoning ordinance. <br /> (2) To hear requests for variances from the literal <br /> provisions of the ordinance in instances where their strict <br /> enforcement would cause undue hardship because of circumstances <br /> unique to the individual property under consideration, and to <br /> grant such variances only when it is demonstrated that such <br /> actions will be in keeping with the spirit and intent of the <br /> ordinance. "Undue hardship" as used in connection with the <br /> granting of a variance means the property in question cannot be <br /> put to a reasonable use if used under conditions allowed by the <br /> official controls, the plight of the landowner is due to <br /> �'1 ����i;�,� '�,�}y .�;� ,`��.G� <br /> �`1� � '�y1 � � �r <br /> [ti.4�?L"� tn'al �:3 �i.:.r � fy,5• ."� ,¢7;. �l� ke.:s,.x <br /> �/` i. Gl''"`�a.:;ST� ..Qi•v ,;�:t�,�� � i.'Slt��ti��:���,. <br /> �$M1'L�,��l?:� 1�\ `Sfl'�'�� .\� • �ry .i� m.:,_�. <br /> `....� )iY�. i'J .,1`'1 �iJ:.,V.`i��J�' '� . <br /> � �;�� ,.•� �z�. <br /> •°�' ;�� `:�.:�::,. <br />
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