Memo - Variances
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- MEMO
To: City Council and Zoning and Planning Commission
From: Nancy Anderson
Date: July 3,2002
Subject: Variances
I
I. INTRODUCTION.
In 1999 the Zoning and Planning Commission and the City Council held a joint meeting,
and variances was one of the discussion items. John Shardlow led the discussion on
variances. We are back again discussing variances.
II. DEFINITIONS.
. The following are the zoning ordinance definition of undue hardship and the findings
that are used to determine the granting of a variance.
Undue Hardship: as used in connection with the granting of a variance means the
property in question cannot be put to a reasonable use if used under conditions allowed
by the official controls, the plight of the landowner is due to circumstances unique to his
property not created by the landowner, and the variance, if granted, will not alter the
essential character of the locality.
Findinqs; issuance of variance. Prior to the board formulating a decision and the
conditions in support thereof, it must find that the literal enforcement of the provision of
the zoning ordinance would cause an undue hardship because of circumstances unique
to the individual property under consideration, and that the granting of a variance to the
extent necessary to compensate for said hardship is in keeping with the intent of this
code.
111. STATE STATUTE.
The following is the State Statute language for the granting of a variance.
To hear requests for variances from the literal provisions of the ordinance in instances
. were their strict enforcement would cause undue hardship because of circumstances
ullique to the individual property under consideration, and to grant such variances only
when it is demonstrated that such actions will be in keeping with the spirit and intent of
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. the ordinance. "Undue hardship" as used in connection with the granting of a variance
means the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls, the plight of the landowner is due to
circumstances unique to the property not created by the landowner, and the variance, if
granted, will not alter the essential character of the locality. Economic considerations
alone shall not constitute an undue hardship if reasonable use for the property exists
under the terms of the ordinance.
IV. VARIANCE HISTORY.
The following are the numbers of variances applied for and granted in previous years:
1999 - Six applied and granted
2000- Six applied and five granted, one withdrawn
2001-Five applied, one carried to 02, one withdrawn, two granted and one denied.
2002-Two applied, one carried from 01, all granted.
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