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6/28/2011 3:48:35 PM
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Ordinance 2011-008
General - Type
Ordinance 2011-008
Category
Ordinance 2011-008
Date
6/27/2011
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Ordinance 2011 -008 <br />of a conditional use permit before it can be located in the particular <br />district, until after the conditional use permit has been granted by the City <br />Council. <br />J. Discontinuance of a Conditional Use. If the use for which any <br />conditional use permit has been granted has ceased or has been <br />discontinued for a period of ninety (90) consecutive days, the permit shall <br />automatically expire and become void at the end of such ninety (90) day <br />period. <br />Subd. 4 Variances. <br />A. Public Hearing. A public hearing is not required but neighboring <br />property owners shall be notified. <br />B. Action to Approve. Three affirmative votes of the City Council are <br />required to approve the granting of a variance. <br />C. Criteria for Review. The following criteria shall be applied to the City <br />Council's review of a variance application: <br />1. Purpose and Intent. The variance request shall comply with the <br />purpose and intent provisions of City's Zoning Regulations and <br />with the policies of the City's Comprehensive Plan. <br />2. Practical Difficulties. The applicant for a variance shall establish <br />that there are practical difficulties in complying with the provisions <br />of the Arden Hills Zoning Regulations. The term "Practical <br />Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the <br />property in a reasonable manner not permitted by the Zoning <br />Ordinance. <br />b. Unique Circumstances. The plight of property owner is due to <br />circumstances unique to the property not created by the <br />landowner. <br />c. Character of Neighborhood. The variance, if granted, will not <br />alter the essential character of the neighborhood. <br />3. Economic Consideration. Economic consideration alone does not <br />constitute a practical difficulty. <br />4. Access to Sunlight. Inadequate access to direct sunlight for solar <br />energy systems shall be considered a practical difficulty. <br />Page 6 of 13 <br />
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