08-20-2007 Planning Commission Packet

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� � :► PC - Exhibit G Sec. 78-123. Issuances [of variances]. (a) In considering applications for variance,the council shall consider the advice and recommendation of the board of appeals and adjustments and the effect of the proposed variance upon the health, safety and welfare of the commu.nity, existing and anticipated traffic conditions, light and air, danger of fire,risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the council sha11 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 in keeping with the spirit and intent of this chapter. The parameters within which a variance may be granted are as follows: (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. (5) Undue hardship also includes but is not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered constxuction as defined in Minn. Stat. § 216C.06, subd. 2,when in harmony with this chapter. (6) The board.or the council may not pernut as a variance any use that is not pernutted under this chapter for property in the zone where the affected person's land is located. (7) The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. (8) The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. (9) The conditions do not apply generally to other land or structures in the district in which the land is located. (10) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. (11) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. (b) The board or council may impose conditions in granting of variances to ensure compliance with this chapter and to protect adjacent properties.No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located.