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pf_03225
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pf_03225
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Last modified
1/14/2011 10:06:02 AM
Creation date
12/9/2004 6:53:56 AM
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Template:
Planning Files
Planning Files - Planning File #
3225
Planning Files - Type
Planned Unit Development
Address
2599 Lexington Ave N
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<br />different process is provided through the operation of the <br />city's home rule charter. In a city to which this subdivision <br />applies, amendments to a zoning ordinance shall be made in <br />conformance with this section but only after there shall have <br />been filed in the office of the city clerk a written consent of <br />the owners of two-thirds of the several descriptions of real <br />estate situate within 100 feet of the total contiguous <br />descriptions of real estate held by the same owner or any party <br />purchasing any such contiguous property within one year <br />preceding the request, and after the affirmative vote in favor <br />thereof by a majority of the members of the governing body of <br />any such city. The governing body of such city may, by a <br />two-thirds vote of its members, after hearing, adopt a new <br />zoning ordinance without such written consent whenever the <br />planning commission or planning board of such city shall have <br />made a survey of the whole area of the city or of an area of not <br />less than 40 acres, within which the new ordinance or the <br />amendments or alterations of the existing ordinance would take <br />effect when adopted, and shall have considered whether the <br />number of descriptions of real estate affected by such changes <br />and alterations renders the obtaining of such written consent <br />impractical, and such planning commission or planning board <br />shall report in writing as to whether in its opinion the <br />proposals of the governing body in any case are reasonably <br />related to the overall needs of the community, to existing land <br />use, or to a plan for future land use, and shall have conducted <br />a public hearing on such proposed ordinance, changes or <br />alterations, of which hearing published notice shall have been <br />given in a daily newspaper of general circulation at least once <br />each week for three successive weeks prior to such hearing, <br />which notice shall state the time, place and purpose of such <br />hearing, and shall have reported to the governing body of the <br />city its findings and recommendations in writing. <br /> <br />Subd. 6. Appeals and adjustments. Appeals to the <br />board of appeals and adjustments may be taken by any affected <br />person upon compliance with any reasonable conditions imposed by <br />the zoning ordinance. The board of appeals and adjustments has <br />the following powers with respect to the zoning ordinance: <br /> <br />(1) To hear and decide appeals where it is alleged that <br />there is an error in any order, requirement, decision, or <br />determination made by an administrative officer in the <br />enforcement of the zoning ordinance. <br /> <br />(2) To hear requests for variances from the literal <br />provisions of the ordinance in instances where their strict <br />enforcement would cause undue hardship because of circumstances <br />unique to the individual property under consideration, and to <br />grant such variances only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the <br />ordinance. "Undue hardship" as used in connection with the <br />granting of a variance means the property in question cannot be <br />put to a reasonable use if used under conditions allowed by the <br />official controls, the plight of the landowner is due to <br />circumstances unique to the property not created by the <br />landowner, and the variance, if granted, will not alter the <br />essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship if reasonable use <br />for the property exists under the terms of the ordinance. Undue <br />hardship also includes, but is not limited to, inadequate access <br />to direct sunlight for solar energy systems. Variances shall be <br />granted for earth sheltered construction as defined in section <br />216C.06, subdivision 2, when in harmony with the ordinance. The <br />board of appeals and adjustments or the governing body as the <br />case may be, may not permit as a variance any use that is not <br />permitted under the ordinance for property in the zone where the <br />affected person's land is located. The board or governing body <br />
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