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CCP 03-13-2006
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CCP 03-13-2006
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<br />3. Variance Evaluation Criteria <br /> <br />A. State Criteria: <br /> <br />. <br /> <br />Minnesota State Statuc in Chapter 462.357, Subdivision 6, (2), defines "undue <br />hardship" as: <br /> <br />"...means the property in question cannot be put to a reasonable use ifused under <br />conditions allowed hy 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 <br />under the terms of the ordinance... " <br /> <br />Miilllesota State Stature 462.357, Subd. 6, requires that Cities consider the <br />following five matters when hearing requests for zoning ordinance variances: <br /> <br />1. Are the circumstanccs for which the variance is requested unique to the <br />property? <br />2. Would granting the variance be in keeping with the spirit and intent of the <br />City's Zoning Ordinance? <br />3. Could the property in question be put to a reasonable use without the <br />granting of the variance? <br />4. Was the hardship created by the owner? <br />5. Would granting the variance alter the essential character of the <br />neighborhood? <br /> <br />. <br /> <br />B. Local Criteria: <br /> <br />Section 8.D.4.c of the Arden Hills Zoning Ordinance states: <br /> <br />Adherence to this provisions of this [zoning] ordinance is required except for <br />special cases, which arise because the configuration of a particular parcel. The <br />condition shall not have been created by the landowner. A variance or variances <br />may be granted from specific provisions of this ordinance because such land <br />factors as length of a side of a lot, the shape of the lot or the unusual terrain <br />prohibit reasonable development equivalent to that which would be permitted <br />without variance on a similar size lot located in the same district, but which lot <br />has no unusual configuration. Economic conditions alone shall not be grounds <br />for a variance. <br /> <br />4. Variance Findings of Fact: <br /> <br />City of Arden Hilts <br />Planning Commission Meeting/or March J, 2U06 <br /> <br />\\Metro-inet-USlardcnhil!s',p/anning',plonning Cases'12006106-006 Westlund variance (PENDING)\02/506 - PC Report - Westlund Varirmce_doc <br /> <br />. <br /> <br />Page 4 of 8 <br />
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