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HF52 FIRST ENGROSSMENT REVISOR KS H0052-1 <br />2.1 thc ordinancc practical difficulties. Practical difficulties include, but are not <br />2.2 limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be <br />2.3 granted for earth sheltered construction as defined in section 216C.06, subdivision 14, <br />2.4 when in harmony with the official controls. No variance may be granted that would allow <br />2.5 any use that is p,einiblicd not allowed in the zoning district in which the subject property is <br />2.6 located. The board of adjustment may impose conditions in the granting of variances to <br />2.7 insure compliance and to protect adjacent properties and the public interest. The L,,u:d <br />2.8 t'f adju:(uuerii. iuuy ev113idc tl.G uIalT I .y tv uo� oJu� Cile�gy oysLv;uo u "liu d hip" in <br />2.9 V ui�u��cc�. <br />2.10 EFFECTIVE DATE. This section is effective the day following final enactment. <br />2.11 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: <br />2.12 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and <br />2.13 adjustments may be taken by any affected person upon compliance with any reasonable <br />2.14 conditions imposed by the zoning ordinance. The board of appeals and adjustments has <br />2.15 the following powers with respect to the zoning ordinance: <br />2.16 (1) To hear and decide appeals where it is alleged that there is an error in any <br />2.17 order, requirement, decision, or determination made by an administrative officer in the <br />2.18 enforcement of the zoning ordinance. <br />2.19 (2) To hear requests for variances from the 1tc.u1 the ordinance <br />2.20 in instu .ee.� ��.e�✓llei� .1�.iet e�lf��ee.l e..t ��uld euu.le u..d �1:1.iY Leeuu,�e f <br />2.21 Ls, Lhc .i ch viduul Y.uY✓:Ly u..dc ��..,�d�.�rti i, a d Lc gra t Ji h <br />2.22 vcuiuu�.vo vuly v4 i�.ii it io d1.iuoiisti ALed thut suah u.tiviIJ Will Lc in kccpiiig with thc spiiit <br />2.23 and intcnt of Xh Lhe Brat.;; <br />2.24 of u vui:u11w tL, N�v�ei Ly iu yueoCVll be Yu'i Lv u ;f uscd <br />2.25 u11„ eJ1 Ly terms of the zoning ordinance including <br />2.26 restrictions placed on nonconformities. Variances shall only be permitted when they are in <br />2.27 harmony with the general purposes and intent of the ordinance and when the terms of the <br />2.28 variance are consistent with the comprehensive plan. Variances may be granted when the <br />2.29 applicant for the variance establishes that there are practical difficulties in complying with <br />2.30 the zoning ordinance. "Practical difficulties," as used in connection with the granting of <br />2.31 a variance, means that the property owner proposes to use the property in a reasonable <br />2.32 manner not permitted by the zoning ordinance; the plight of the landowner is due to <br />2.33 circumstances unique to the property not created by the landowner;; and the variance, if <br />2.34 granted, will not alter the essential character of the locality. Economic considerations alone <br />2.35 titall do not constitute an unduc hardghip if rcasonddic use for thc property cxisrs undcr <br />Sec. 2. 2 <br />