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6 <br />MINNESOTA STATUTES 2011 462.357 <br />harmony with the general purposes and intent of the ordinance and when the variances are <br />consistent with the comprehensive plan. Variances may be granted when the applicant for the <br />variance establishes that there are practical difficulties in complying with the zoning ordinance. <br />"Practical difficulties," as used in connection with the granting of a variance, means that the <br />property owner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; the plight of the landowner is due to circumstances unique to the property not <br />created by the landowner; and the variance, if granted, will not alter the essential character of <br />the locality. Economic considerations alone do not constitute practical difficulties. Practical <br />difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, <br />subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or <br />the governing body as the case may be, may not permit as a variance any use that is not allowed <br />under the zoning ordinance for property in the zone where the affected person's land is located. <br />The board or governing body as the case may be, may permit as a variance the temporary use of a <br />one family dwelling as a two family dwelling. The board or governing body as the case may be <br />may impose conditions in the granting of variances. A condition must be directly related to and <br />must bear a rough proportionality to the impact created by the variance. <br />Subd. 6a. Normal residential surroundings for persons with disabilities. It is the policy of <br />this state that persons with disabilities should not be excluded by municipal zoning ordinances or <br />other land use regulations from the benefits of normal residential surroundings. For purposes of <br />subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. <br />Subd. 7. Permitted single family use. A state licensed residential facility or a housing with <br />services establishment registered under chapter 144D serving six or fewer persons, a licensed <br />day care facility serving 12 or fewer persons, and a group family day care facility licensed under <br />Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered <br />a permitted single family residential use of property for the purposes of zoning, except that a <br />residential facility whose primary purpose is to treat juveniles who have violated criminal statutes <br />relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of <br />criminal statutes relating to sex offenses shall not be considered a permitted use. <br />Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision 7 or in any <br />town, municipal or county zoning regulation as authorized by this subdivision, a state licensed <br />residential facility serving from 7 through 16 persons or a licensed day care facility serving from <br />13 through 16 persons shall be considered a permitted multifamily residential use of property for <br />purposes of zoning. A township, municipal or county zoning authority may require a conditional <br />use or special use permit in order to assure proper maintenance and operation of a facility, <br />provided that no conditions shall be imposed on the facility which are more restrictive than those <br />imposed on other conditional uses or special uses of residential property in the same zones, unless <br />the additional conditions are necessary to protect the health and safety of the residents of the <br />residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care <br />facilities from single family zones if otherwise permitted by a local zoning regulation. <br />Subd. 9. Development goals and objectives. In adopting official controls after July 1, 2008, <br />in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the <br />municipality shall consider restricting new residential, commercial, and industrial development so <br />that the new development takes place in areas subject to the following goals and objectives: <br />Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />