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CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA <br />ORDINANCE NO. 123 <br />AN ORDINANCE AMENDING THE ZONING ORDINANCE OF GEM LAKE <br />RELATING TO THE CONSIDERATION AND ALLOWANCE OF VARIANCES FROM <br />THE ZONING ORDINANCE. <br />THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: <br />SECTION 1. AMENDMENT. Section 3.2 of Ordinance 43K is amended, to delete the <br />definitions of "Hardship, Undue" and "Variance". <br />SECTION 2. AMENDMENT. Section 17.4 of Ordinance 43K is amended as follows (deleted <br />text stmek thr-e.,g , new text underlined): <br />Section 17.4 Variances <br />17.4.1 Purpose and Intent. The City Council, sitting as the Board of Appeal and Adjustment, <br />may grant Variances from the strict applications of the provisions of this Zoning Ordinance <br />and impose conditions and safeguards in the Variances so granted. These Variances shall be <br />considered in cases where by reason of narrowness, shallowness, or shape of a lot or where <br />by reason of exceptional topographic or water conditions or where other extraordinary and <br />exceptional conditions of such lot exist, the strict application of the terms of the Zoning <br />Ordinance would result in practical difficulties an undue hardship upon the owner of such lot <br />in <br />complying with the regulations of the zoning district in which said lot is located. "Practical <br />difficulties." as used in connection with the grant of a variance means that the property <br />owner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance• the plight of the landowner is due to circumstances unique to the property not <br />created by the landowner,• and the variance if granted will not alter the essential character of <br />the locality. Economic considerations alone shall do not constitute <br />the terms fthe en ing Ordinance practical difficulties. Practical difficulties include, but are <br />not limited to inadequate access to direct sunlight for solar energy systems. A variance may <br />not be granted to allow any use that is not allowed in the zoning district in which the property <br />is located. <br />17.4.2 Application. An application for any Variance from the Zoning Ordinance shall be <br />made on a form provided by the City. If the Variance is to be considered in association with <br />any other Building Permits, Conditional or Interim Use Permits, or Subdivision, all related <br />applications shall be submitted simultaneously with the Variance application so as to <br />represent the full intent of the applicant. The application(s) shall be accompanied by a fee <br />payable to the City in an aggregate amount as established in the City's fee schedule. The <br />application(s) shall state full all facts relied upon by the applicant and shall be supplemented <br />