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H.F. No. 52, 2nd Engrossment - 87th Legislative Session (2011-2012) [H0052-2]
<br />2.1 usc fv1 a N.vj y c�.it u.. tri .c, . ii f tl "" d"' tr - - L J - - l .�S ;; .;, .,. ...Lt:.c practical c hes. Practical
<br />2.2 difficulties include, but are not limited to, inadequate access to direct sunlight for solar
<br />2.3 energy systems. Variances shall be granted for earth sheltered construction as defined in
<br />2.4 section 216C.06, subdivision 14, when in harmony with the official controls. No variance
<br />2.5 may be granted that would allow any use that is f,..1.1cd not allowed in the zoning
<br />2.6 district in which the subject property is located. The board of adjustment may impose
<br />2.7 conditions in the granting of variances fer. A condition must be directly related to and must
<br />2.8 bear a rough proportionality to the impact created by the variance
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<br />2.10 t" v11v1sy a 11u1a311a/ 111111� s1u111.11s ,f Yn1;CL11cVD.
<br />2.11 EFFECTIVE DATE. This section is effective the day following final enactment.
<br />2.12 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read:
<br />2.13 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and
<br />2.14 adjustments may be taken by any affected person upon compliance with any reasonable
<br />2.15 conditions imposed by the zoning ordinance. The board of appeals and adjustments has
<br />2.16 the following powers with respect to the zoning ordinance:
<br />2.17 (1) To hear and decide appeals where it is alleged that there is an error in any
<br />2.18 order, requirement, decision, or determination made by an administrative officer in the
<br />2.19 enforcement of the zoning ordinance.
<br />2.20 (2) To hear requests for variances from the 11w.u1 f,.cv;s;c..s c. the ordinance
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<br />2.22 k the, individual .l1f c.ty ..:.dc. cc:.13;dc..luc:., 13..�1..
<br />2.23 „Al 1- YY;t11 th.. �N11;1
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<br />2.25 ituCSStiui. Gnnnoi' be, put to et rce oYlablc usc if us, 1 under
<br />2.26 „11,, YY cd Ly 111c ,,ffic;nl c:1.,t.:%.5, requirements of the zoning ordinance including
<br />2.27 restrictions placed on nonconformities. Variances shall only be permitted when they are in
<br />2.28 harmony with the general purposes and intent of the ordinance and when the variances are
<br />2.29 consistent with the comprehensive plan. Variances may be granted when the applicant for
<br />2.30 the variance establishes that there are practical difficulties in complying with the zoning
<br />2.31 ordinance. "Practical difficulties," as used in connection with the granting of a variance,
<br />2.32 means that the property owner proposes to use the property in a reasonable manner not
<br />2.33 permitted by the zoning ordinance; the plight of the landowner is due to circumstances
<br />2.34 unique to the property not created by the landowner] and the variance, if granted, will not
<br />2.35 alter the essential character of the locality. Economic considerations alone shall do not
<br />Sec. 2. 2
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