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PCP 07-12-2006
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PCP 07-12-2006
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5/8/2007 1:14:10 PM
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<br /> , <br /> A. State Criteria for Evaluating Variance Requests: , <br /> Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue . <br /> hardship" as: <br /> "...means the property in question cannot be put to a reasonable use if used under conditions <br /> allowed by the official controls, the plight of the landowner is due to circumstance unique to <br /> the property not created by the landowner, and the variance, ifgranted, will not alter the <br /> essential character of the locality. Economic considerations alone shall not constitute an <br /> undue hardship ifreasonable use of the property exists under the terms of the ordinance... " <br /> Minnesota State Stature 462.357, Subd. 6, requires that Cities consider the following <br /> five matters when hearing requests for zoning ordinance variances: <br /> I. Are the circumstances for which the variance is requested unique to the property? <br /> 2. Would granting the variance be in keeping with the spirit and intent of the City's <br /> Zoning Ordinance? <br /> 3. Could the property in question be put to a reasonable use without the granting of <br /> thc variance? <br /> 4, Was the hardship created by the owner? <br /> 5. Would granting the variance alter the essential character of the neighborhood? <br /> B. Local Criteria for Evaluating Variance Requests: <br /> Section 8.D.4.c of the Arden Hills Zoning Ordinance states: . <br /> Adherence to this provisions of this [zoning} ordinance is required except for special <br /> cases, which arise because the configuration of a particular parcel. The condition <br /> shall not have been creatcd by the landowner. A variance or variances may be <br /> granted ;;-om specific provisions of this ordinance because such land factors as length <br /> of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable <br /> development equivalent to that which would be permitted without variance on a <br /> similar size lot located in the same district, but which lot has no unusual <br /> configuration. Economic conditions alone shall not be grounds for a variance, <br /> 4. Additional Plan Review <br /> The City Engineer, City Attorney, Fire Marshal, and the Building Official have reviewed the <br /> preliminary plat and variance application. The comments from the City Engineer are <br /> technical in nature and do not affect the fundamental design of the subdivision (Attachment <br /> 3C-2). The applicant's surveyor was provided with a copy of the City Engineer's comments. <br /> City ojArden Hilts <br /> Planning Commissfon Alec/ingfor July} 2, 2006 <br /> i'LAletro-inet.lIsl,ardenhitls'IP/onfliilg'iPlanlling CasesI20061,06-0J3 Amilies Coast Preiimi!wry Plat & Varitlllce (PENDfNG) 1062/06 - PC Reporl- . <br /> Amitiesprdil1l1IUlJ).plat & Variance.doc <br /> Page 8 of 12 <br />
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