5.5. PCSR 07-12-2011 - Laserfiche WebLink

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Ells REQUEST FOR ACTION River TO ITEM NUMBER Plannin Commission 5.5 AGENDA SECTION MEETING DATE PREPARED BY Plannin Items ul 12, 2011 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by City of Elk River for Ordinance Amendment to Chapter 30 -Land Development Regulations, Article VI - REVIEWED BY Zoning, Division 2, Administration and Enforcement, Subdivision II -Appeals and Variances, Public Hearing -Case No. V I I -02 ACTION REQUESTED Staff recommends approval of the ordinance amendments as drafted. OVERVIEW In June of 2010, the Minnesota Supreme Court made a decision on a variance case, stating in basic terms that if a property has a reasonable use, a variance should not be granted.. This effectively made variances very difficult to approve, if not impossible. In response, the Minnesota Legislature amended the variance standards, adopting a standard closely resembling the standards in use by Minnesota Counties. The proposed ordinance would delete section 30-635 (b) and replace it with the following text: (b) A variance may be granted by the board only if it finds that all of the criteria are met: (1) when they are in harmony with the general purposes and intent of the ordinance and (2) when the variances are consistent with the comprehensive plan (c) Variances may be granted when the applicant for the variance establishes that there are Practical Difficulties in complying with the zoning ordinance. (d) "Practical Difficulties," as used in connection with the granting of a variance, means that (1) the property owner proposed to use the property in a reasonable manner not permitted by the zoning ordinance; (2) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) the variance, if granted, will not alter the essential character of the locality. 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. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located