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P & Z - 12-06-05
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P & Z - 12-06-05
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5/9/2006 1:57:13 PM
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12/2/2005 3:10:38 PM
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<br />(5) Upon receipt of the recommendations of the Commission, the Council shall hold <br />whatever hearings it deems advisable and shall make its decision upon the request to grant the variance. <br />In granting the variance the Council may impose conditions which it considers necessary to meet the <br />standards of this chapter and to protect the best interests of the surrounding area and the city as a <br />whole. Violation of any such condition is a violation of this chapter. The Board of Appeals and City <br />Council must find true the following, in the granting of a variance from this chapter: <br /> <br />(a) - Granting a variance will not adversely affect the public health, welfare and safety and <br />will not be detrimental or injurious to property or improvements in the neighborhood; <br /> <br />(b) Strict interpretation or enforcement would result in a practical difficulty or <br />unnecessary hardship that is not self created, that is inconsistent with the intent of this chapter and the <br />comprehensive plan; <br /> <br />(c) There are exceptional or extraordinary circumstances or conditions applicable to the <br />property, use or facilities that do not apply generally to other properties in the same district; <br /> <br />(d) There are exceptional or extraordinary circumstances or conditions applicable to the <br />property, use or facili~es that do not apply generally t~ other properties in the same di~ct; <br /> <br />(e) Strict or literal interpretation would deprive the applicant of the use and enjoyment of <br />his or her property in a manner similar to others in the same district; and <br /> <br />(f) Granting of the variance will not allow a use which is otherwise not a permitted use <br />in the zoning district in question. <br /> <br />(6) A variance granted but not used shall become void 1 year after its effective date. . <br /> <br />(7) No application for the same or essentially the same variance shall be made within 6 <br />months of the date of denial. <br /> <br />SEe. 154.320. CONDmONAL USES. Conditional uses may be permitted within the several zoning districts <br />of the City subject to the provisions of this Section. <br /> <br />Subd. L Authority. The Council may, after review, hearing and report by the Planning Commission, grant a <br />Conditional Use Permit authorizing the development of a conditional use upon a showing by the applicant that <br />the standards, criteria and purpose of the district in which the proposed use is to be located, will be satisfied. <br />The standards and criteria shall include both general requirements for all conditional uses and, insofar as <br />practicable, requirements specific to each designated conditional use. <br /> <br />Subel.2. Standards and Conditions For Conditional Uses. <br /> <br />A. A Conditional Use Permit may be granted for the following uses only: <br /> <br />L Any use specifically listed as a Conditional Use in the regulations applicable to the district in which it <br />is to be located or otherwise stated in this Chapter to be a conditional use; <br /> <br />2. Any use which is the same or similar, and consistent with, a conditional use specified in the use <br />district, the Planning Commission may consider and allow such conditional use. <br /> <br />61 <br />
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