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CCP 09-29-2003
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CCP 09-29-2003
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<br />, <br /> <br />() <br /> <br />) <br /> <br />"...means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstance unique to the property not created by the landowner, and the variance, if <br />granted. will not alter the essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship if reasonable use of the property exists under <br />the terms of the ordinance..." <br /> <br />. <br /> <br />B. City Requirements <br /> <br />Section vm, D, 4, c and d, ofthe City's Zoning Ordinance state that, <br /> <br />"Adherence to the provisions of this ordinance is required, except for special cases which <br />arise because of the configuration of a particular parcel. The condition shall not have <br />been created by the landowner. A variimce or variances may be granted from specific <br />provisions of this ordinance because such land factors as length of a side of a lot, the <br />shape of the lot or the unusual terrain prohibit reasonable development equivalen.tto that <br />which would be permitted without variance on a similar size lot located in the same <br />district, but which lot has no unusual configuration. Economic conditions alone shall not <br />be grounds for a variance. In no case shall the granting of a variance impair the health, <br />safety, comfort and general welfare of the public, nor will it be contrary to the intent and <br />purpose of the Comprehensive Plan, the official map or this or any other ordinance of the <br />City." <br /> <br />. <br /> <br />VariltnceF'il1din2s <br /> <br />Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five <br />matters when hearing requests for zoning ordinance variances. <br /> <br />1. Are the circumstances for which the variance is requested unique to the <br />property? <br /> <br />Yes. A limited number of properties, those properties on the east side of Lake <br />Johanna Boulevard in the vicinity of the applicant's property in Arden Hills could <br />claim a similar hardship due to the topography. The applicant also bas a very <br />narrow lot (50 feet wide) which also limits the applicant's ability to relocate the <br />garage either behind the principal structure or attach a garage to the principal <br />structure. <br /> <br />2. Would granting the variance be in keeping with the spirit and intent ofthe <br />City's Zoning Ordinance? . <br /> <br />The stated Purpose and Intent of the City's Zoning Ordinance include the <br />following applicable statements: <br /> <br />. <br /> <br />PC 1103-22 - PC Report 0910312003 - Page 3 of5 <br />
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