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<br />City of Arden Hills <br />Planning Commission Meeting for June 8, 2016 <br /> <br />P:\Planning\Planning Cases\2015\PC 15-009 - CUP Amendment - Bethel University - Soccer Building\Memos_Reports_15-009 <br />Page 6 of 10 <br />5. Visual and land use compatibility with uses and structures on surrounding land; <br />adjoining land values; <br />6. Park dedications where applicable; and the <br />7. Orderly development of the neighborhood and the City within the general purpose <br />and intent of this ordinance and the Comprehensive Development Plan for the <br />City. <br /> <br /> <br />3. Variance Evaluation Criteria <br /> <br />On May 5, 2011, the Governor signed into law new variance legislation that changed the review <br />criteria cities must use when evaluating variance requests. The new law renames the municipal <br />variance standard from “undue hardship” to “practical difficulties,” but otherwise retains the <br />familiar three-factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also <br />included is a sentence new to city variance authority that was already in the county statutes: <br />“Variances shall only be permitted when they are in harmony with the general purposes and <br />intent of the ordinance and when the terms of the variance are consistent with the comprehensive <br />plan”. <br /> <br />Therefore, in evaluating variance requests under the new law, in order to find a practical <br />difficulty, cities should adopt findings addressing the following questions: <br />• Is the variance in harmony with the purposes and intent of the ordinance? <br />• Is the variance consistent with the comprehensive plan? <br />• Does the proposal put property to use in a reasonable manner? <br />• Are there unique circumstances to the property not created by the landowner? <br />• Will the variance, if granted, alter the essential character of the locality? <br /> <br />As was the case before the new legislation took effect, economic considerations alone cannot <br />constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be <br />imposed on granting of variances if those conditions are directly related to and bear a rough <br />proportionality to the impact created by the variance. <br /> <br /> <br />4. Additional Review <br /> <br />The City Engineer and Building Official reviewed the project and have not expressed any <br />objections to the proposal. A Building Permit will be required by the City. The structure <br />will be built to meet all building and fire code requirements. <br /> <br /> <br />Findings of Fact <br /> <br />The Planning Commission must make a finding as to whether or not the proposed amendment <br />meets all applicable requirements of the Zoning Code and if they would adversely affect the