Agenda - Council - 07/26/2011 - Laserfiche WebLink

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2.1 use for thc property exists undcr the terms of thc ordinance practical difficulties. Practical 2.2 difficulties include, but are not limited to, inadequate access to direct sunlight for solar 2.3 energy systems. Variances shall be granted for earth sheltered construction as defined in 2.4 section 216C.06, subdivision 14, when in harmony with the official controls. No variance 2.5 may be granted that would allow any use that is prohibited not allowed in the zoning 2.6 district in which the subject property is located. The board of adjustment may impose 2.7 conditions in the granting of variances fer. A condition must be directly related to and must 2.8 bear a rough proportionality to the impact created by the variance • 2.9 2.10 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 H.F. No. 52, 2nd Engrossment - 87th Legislative Session (2011 -2012) 1110052 -2] and to protect adjaccnt properties and thc public interest. The board of adjustment may 2.11 EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of thc ordinance in instances whcrc thcir strict enforcement would cause unduc hardship because of circumstances unique to the individual property undcr consideration, and to grant such and intcnt of the ordinance. "Unduc hardship" as used in conncction with thc granting of a v property in qu , requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that 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 the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowners and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall do not Sec. 2. 2 • pur i0 a rcasonaoic use lr u sca u