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the provisions of the zoning code, subdivision code, and sign code as well as dimensional standards <br />in chapter 10, animals, and chapter 109, mobile homes and mobile home parks, where strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration. The planning commission shall be given the powers and duties given <br />such agencies by Minn. Stats. § 462.357. The planning commission shall also be given the powers to <br />consider appeals by owners of land within the official map area who have been denied a land use <br />permit, other than those permits explicitly denied by the city council, approval for a building on land, <br />or any other city action taken pursuant to the zoning code which may affect the landowner's land. The <br />appeal procedures shall be pursuant to Minn. Stats. § 462.359. <br />Sec. 106-220. Variances. <br />(a) Variances shall only be permitted when they are in harmony with the general purposes and intent of <br />this chapter and when the variances are consistent with the comprehensive plan. <br />(b) Public hearing notice mailing distance is 350 feet. <br />(c) Variances may be granted when the applicant for the variance establishes that there are practical <br />difficulties in complying with the zoning code. "Practical difficulties," as used in connection with the <br />granting of a variance, means: <br />(1) That the property owner proposes to use the property in a reasonable manner not permitted by <br />the zoning code; <br />(2) The plight of the landowner is due to circumstances unique to the property not created by the <br />landowner; <br />(3) The variance, if granted, will not alter the essential character of the locality. <br />(4) Economic considerations alone do not constitute practical difficulties; <br />(5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar <br />energy systems; and <br />(6) Public takings of property due to condemnation; and <br />(7) Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § 216C.06, <br />subd. 14, when in harmony with this chapter. <br />(d) The planning commission City Council may not permit as a variance any use that is not allowed under <br />the zoning code for property in the district where the affected person's land is located. <br />(e) The planning commission City Council may impose conditions in the granting of variances. A <br />condition must be directly related to and must bear a rough proportionality to the impact created by <br />the variance. <br />(f) The planning commission City Council shall serve as the final decision -making authority. However, <br />any action of the planning commission City Council may be appealed to the council Court of Appeals <br />by any affected person if notice of such an appeal is received by the zoning administrator Court of <br />Appeals within ten days of the final action of the planning commission City Council. <br />(g) The variance is approved by resolution. <br />(h) Recording of variance. A certified copy of a variance resolution shall be recorded with the Anoka <br />County recorder or registrar of titles for record. The variance resolution shall include the legal <br />description of the property included. No building permit shall be issued until after recording is made. <br />(i) Additional standards for variances within the Mississippi River Corridor Critical Area Overlay <br />District are found in section 106-910. <br />SECTION 3. SUMMARY <br />The following official summary of Ordinance #25-10 has been approved by the City Council of the City of <br />Ramsey as clearly informing the public of the intent and effect of the Ordinance: <br />"Chapter 2 Administration and Chapter 106 Zoning Code have been amended to set forth procedures <br />in reviewing and approving variances by the Planning Commission and City Council." <br />Ordinance #25-10 <br />Page 2 of 3 <br />