5.1. SR 08-15-2011 - Laserfiche WebLink

Home Browse Search

ORDINANCE _ _ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-635 OF THE ELK RIVER, MINNESOTA, CITY CODE RELATED TO VARIANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 30-635 of the City of Elk River Code of Ordinances, titled Variances shallbe amended to read as follows: Sec. 30-635. -Variances. (a) A variance may be requested only by the owner of the property (petitioner) to which the variance would apply. A variance may not be granted which would allow the use of property in a manner not permitted within the applicable zoning district, provided that the board may grant a variance for the temporary use of asingle-family dwelling as atwo-family dwelling. In granting any variance, the board may prescribe conditions to ensure substantial compliance with this article and to protect adjacent property, provided that the conditions are directly related to, and bear a rough proportionality to, the impacts created by the variance. The violation of any written condition shall constitute a violation of this article. No request for a variance may be resubmitted sooner than six months following a denial. A variance shall become void within two years following issuance unless substantial action has been taken by the petitioner in reliance thereon. (b) A variance may be granted by the board if it finds that: (1) the proposed variance is in harmony with the general purpose and intent of the ordinance; and (2) the proposed variance is consistent with the City of Elk River comprehensive plan (c) Variances may be granted when the petitioner establishes that there are Practical Difficulties in complying with the zoning ordinance. Practical Difficulties means that: (1)the petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (2)The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner s own action or inaction; and (3) the variance, if granted, will not alter the essential character of the locality. n:\public bodies\city council\council rca\agenda packet\08-15-2011\variance ordinance draft].docx