3.1 - 3.4 PCSR 02-26-2013 - Laserfiche WebLink

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ITEM # 3_2 (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 a single-family dwelling as a two-family dwelling. In granting any variance, the board may prescribe conditions to ensure substantial compliance with this article and to protect adjacent property,including,without limitation, an expiration date. The violation of any written condition shall constitute a violation of the ordinance. No request for a variance may be resubmitted sooner than six months following 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 only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. (2) The 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 petition's own action or inaction; and (3) The variance, if granted,will not alter the essential character of the locality. (d) Economic considerations alone do not constitute practical difficulties. Practical difficulties include,but are not limited to,inadequate access to direct sunlight for solar energy systems. Document2 2/21/2013 Last Modified