12.54 - Variances
9 12.54
Section 12.54: Variances
Subdivision 1. Generally
A. The Council may grant a variance from this Chapter following a finding that
all of the following conditions exist:
1. There are special circumstances for conditions affecting said property so
that the strict application of the provisions of this Chapter would create an
unusual hardship and deprive the applicant of the reasonable use of his
land. Economic difficulty or inconvenience shall not constitute a hardship
situation for the purpose of this ordinance.
2. The variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner.
3. The granting of the variance will not be detrimental to the public welfare
or injurious to other property in the neighborhood in which said property
is situated.
B. In making this finding the Council shall consider the nature of the proposed
use of land and the existing use of land in the vicinity, the number of persons
to reside or work in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic conditions in the vicinity. In granting a
variance, as herein provided, the Council may prescribe such conditions as it
deems desirable or necessary in the public interest.
Subdivision 2. Applications Required
Application for any such variance shall be made in writing by the owner or
subdivider at the time when the preliminary plat is submitted for the consideration
of the Planning Commission, stating fully and clearly all facts or other additional
data which may aid the Planning Commission in the analysis of the proposed
project. The plans for such development shall include such covenants, restrictions
or other legal provisions necessary to guarantee the full achievement of the plan.
The Council may require review or approval of the variance request by other
agencies including the U.S. Army Corps of Engineers, the Bassett's Creek
Commission and the Minnesota Department of Natural Resources.
Source: Ordinance No. 34, 2nd Series
Effective date: 4-12-90
Golden Valley City Code
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