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ORDINANCE - _ <br />CITY OF ELK RIVER <br />C-~c~n~~ out <br />AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING <br />SECTION 30-635 OF THE ELK RIVER, MINNESOTA, CITY-CODE <br />PERTAINING TO VARIANCES <br />The City Council of the City of Elk River does hereby ordain as follows: <br />Section 1. That Section 30-635 of the City of Elk River Code of Ordinances, <br />titled Variances shall be amended to read as follows: <br />Sec. 30-635. -Variances. <br />(a) A variance maybe requested only by the owner of the property (petitioner) <br />to which the variance would apply. A variance may not be granted which <br />would allow the use of property in a manner not permitted within the <br />applicable zoning district, provided that the board may grant a variance for <br />the temporary use of a single-family dwelling as a two-family dwelling. In <br />granting any variance, the board may prescribe conditions to ensure <br />substantial compliance with this article and to protect adjacent property, <br />provided that the conditions are directly related to, and bear a rough <br />proportionality to, the impacts created by the variance. The violation of any <br />written condition shall constitute a violation of this article. No request for a <br />variance maybe resubmitted soonerthan six months following a denial. A <br />variance shall become void within two years following issuance unless <br />substantial action has been taken by the petitioner in reliance thereon. <br />(b) A variance maybe granted by the board if it finds that: <br />(1) the proposed variance is in harmony with the general purpose and <br />intent of the ordinance; and <br />(2) the proposed variance is consistent with the City of Elk River <br />comprehensive plan <br />(c) Variances maybe granted when the petitioner establishes that there are <br />Practical Difficulties in complying with the zoning ordinance. Practical <br />Difficulties means that: <br />(1)the petitioner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance; <br />(2)The plight of the petitioner is due to circumstances unique to the <br />property not a consequence of the petitioner's own action or <br />inaction; and <br />(3) the variance, if granted, will not alter the essential character of <br />the locality. <br />~-t~. <br />~~t~ <br />~~ <br />n:\departments\community development\planning\case files\oa\oa 11-03 city of er -variances\variance <br />ordinance draft 7-12-11.docx <br />