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Agenda - Planning Commission - 07/07/2011
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Agenda - Planning Commission - 07/07/2011
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7/1/2011 1:16:28 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
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07/07/2011
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(2) Review criteria. Conditions governing considerations of variance requests: <br />a. In considering all requests for a variance and in taking subsequent action, the city staff, the board <br />and the council shall make a finding of fact that the proposed action will not: <br />1. Impair an adequate supply of light and air to adjacent property. <br />2. Unreasonably increase the congestion in the public street. <br />3. Have the effect of allowing any uses prohibited in the applicable zoning district, permit a <br />lesser degree of public health, safety, and general welfare protection than established by this <br />chapter, or permit standards which are lower than those required by state law. <br />4. Increase the danger of fire or endanger the public safety. <br />5. Unreasonably diminish or impair established property values within the neighborhood, or in <br />any way be contrary to the intent of this chapter. <br />6. Violate the intent and purpose of the comprehensive plan. <br />7. Violate any of the terms or conditions of subsection (b)(2)b of this section. <br />b. A variance from the terms of this chapter shall not be granted unless it can be demonstrated that <br />that the conditions for granting a variance under Minn. Stats. § 462.357, subd. 6(2) have been satisfied. <br />c. Application for a variance shall set forth reasons that the variance is justified in order to make <br />reasonable use of the land, structure or building. <br />d. Should the board find that the conditions outlined in this division apply to the proposed parcel, the <br />board may grant a variance from the strict applicationterms of this chapter so as to relieve such practical <br />difficulties or hardships to the degree considered reasonable, provided such relief may be granted <br />without impairing the intent of this chapter. The board, in the case of variances, based upon a report and <br />recommendation by the city staff, shall have the power to impose such conditions related to the variance <br />regarding the location or structure, as it may deem advisable in the interest of the intent and purpose of <br />this chapter. <br />(c) Variance procedures; processing. <br />(1) Request for variances, as provided within this chapter, shall be filed with the zoning administrator on an <br />official application form. Such application shall be accompanied by a fee and deposit as provided for in <br />section 117-48. Such application shall also be accompanied by a sufficient number of copies as required by <br />city staff of detailed written and graphic materials fully explaining the requested variance and related <br />development. The request shall be considered as being officially submitted when all the information <br />requirements have been met. The information required for variance applications generally consists of the <br />following items, and shall be submitted when applicable or requested by the city: <br />a. Location of all buildings on parcels including both existing and proposed structures. <br />b. Location and elevations of all adjacent buildings located within 150 feet of the exterior boundaries <br />of the parcel in question. <br />c. Location and number of existing and proposed curb cuts, driveways, number of parking spaces. <br />
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