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Section 5. Amendment. That Chapter 9, §9.03.05 be nmended to read as follows: <br /> <br />9.03.05 Variances. <br /> <br /> Subdivision 1. Purpose: The purpose of this Chapter is to provide for <br />deviations from the literal provisions of this Chapter in instances where their <br />strict enforcement would cause undue hardship because of circumstances unique <br />to the individual property under consideration, and to grant such variances only <br />when it is demonstrated that such actions will be in keeping with the spirit and <br />intent of this chapter. <br /> <br />Sub& 2. General Provisions and Standards: <br /> <br />The Planning and Zoning Commission shall serve as the Board <br />of Adjustment and Appeals. However, any action of the Board of <br />Adjustment and Appeals may be appealed to the Council by any <br />affected person if notice of such an appeal is received by the <br />Zoning Administrator within 10 days of the final action of the <br />Board of Adjustment and Appeals. <br /> <br />Review Criteria: Conditions governing considerations of both <br />major and minor variance requests: <br /> <br />1. In considering all requests for a variance and in taking <br /> subsequent action, the City staff, the Board of Adjustment <br /> and Appeals and the Council shall make a finding of fact <br /> that the proposed action will not: <br /> (a) Impair an adequate supply of light and air to adjacent <br /> property. <br /> (b) Unreasonably increase the congestion in the public <br /> street. <br /> (c) Have the effect of allowing any uses prohibited in the <br /> applicable zoning district, permit a lesser degree of <br /> public health, safety, and general welfare protection <br /> than established by this Chapter, or permit standards <br /> which are lower than those required by State law. <br /> (d) Increase the danger of fire or endanger the public <br /> safety. <br /> (e) Unreasonably diminish or impair established property <br /> values within the neighborhood, or in any way be <br /> contrary to the intent of this Chapter. <br /> (f) Violate the intent and purpose of the Comprehensive <br /> Plan. <br /> (g) Violate any of the terms or conditions of paragraph 2, <br /> below. <br /> <br />A variance from the terms of this Chapter shall not be <br />granted unless it can be demonstrated that: <br /> <br />Ord. 90-23 Final 11/13/90 Page 16 <br /> <br /> <br />