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Ordinance 525CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 525 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, CONCERNING VARIANCES THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Section 20-58 of the Chanhassen City Code is amended to provide as follows: General conditions for granting. A variance may be granted if all of the following criteria are met: (1) Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. (2) When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. (3) That the purpose of the variation is not based upon economic considerations alone. (4) The plight of the landowner is due to circumstances unique to the property not created by the landowner. (5) The variance, if granted, will not alter the essential character of the locality. (6) Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 27`h day of June, 2011, by the City Council of the City of Chanhassen, Minnesota. n To)6 Gerhardt, Clerk/Manager Furlong, Mayor (Published in the Chanhassen Villager on July 7, 2011) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 525 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, CONCERNING VARIANCES THE CITY COUNCIL OF THE CITY OF CHANHASSEN OR- DAINS: SECTION 1. Section 20-58 of the Chanhassen City Code is amended to provide as follows: General conditions for grant- ing. A variance may be granted by the board a4juxs1-- if all of the following criteria are met: (1) Variances shall only be permitted when they are in harmony with the general pur- poses and intent of this Chapter and when the variances are con- sistent with the comprehensive plan.That t literal „nf + hardsh e le€mi- t3etraf enable use elu use made by a -Major- ity, provision is not to roliferaIII - tion of that in developeid hems r preex4stlhig standards exist: -sari ax- dfawnward from +1. Pii m + +,� er er-ia. (2) When there are practi- cal difficulties in complying with the zoningordinance. "Practical difficulties," as used in- con- nection with the granting of a variance, means that the prop- erty owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to inadequate ac- cess to direct sunlight for solar energy systems. That h ,,' genera; to other prociptertuy (3) That the purpose of the variation is not based upon eco- nomic considerations alone a -de- to increase the value or ineon-te potentialof t e pareel of land. (4) The plight of the land- owner is due to circumstances unique to the property not cre- ated by the landowner. That the (5) The variance, if grant- ed _will not alter the essential char+alter of the locality. Thal -the detrimental to the pub-Itee welfare or ments in -neighborhood tL11,C pare, , 1 F 1 ,] 1 4 a (6) Variances shall be granted for earth sheltered construction as defined in Min- nesota Statutes Section 216C.06 subdivision 14, when in harmony with this Chapter. re- posed variation will not impair an adequate adj-aeenf - t"Aia* }nerease the eonies of 4he-pub- ll is streets a }s}bi}ity 6r U1sl,Qnll.GJ, o ge-rtA-fire, or endanger the-pub4c neighborhood. Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. `-f was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghij klmnopgrstuvwxyz Subscribed and sworn before me on this day of a., r r , 2011 Notary Public` By: Laurie A. Hartmann .,. . .JYMNE J. SAR:NOTAr9Y �l PL.` LIC - MINESOTA jExpires 031/2013 „ .�..• '�i`-.C'� i's.'iZ' ,\J.:i `C�KJ'li1'�il't �` RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 27" day of June, 2011, by the City Council of the City of Chanhassen, Minnesota. - ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on Thursday, July 7, 2011; No. 4,";27)