The City Council may approve variances from the minimum standards of this chapter when, in its opinion, exceptional and undue hardship may result from strict compliance, and the variance will not interfere with the purpose and intent of this chapter.
Subd. 1. In approving any variance, the City Council shall prescribe any conditions that it deems necessary to or desirable to the public interest. In making its approval, the City Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be approved when the City Council finds that each and every one of the following apply.
1. There are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land.
2. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the vicinity in which the development site is situated.
3. The granting of the variance will not increase the flood hazard or flood damage potential.
4. The use proposed by the applicant would not result in a floodstage increase violating the requirements of M.S. Chapter 103A, as it may be amended from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency.
5. The variance is to correct inequities resulting from an extreme physical hardship such as topography or inadequate access to direct sunlight for solar energy systems.
6. Hardship relating to economic difficulties shall not be considered for the purpose of granting a variance.
7. The hardship is not a result of an action or actions by the owner, applicant, or any agent thereof.
Subd. 2. Procedure. The procedures for processing variance applications shall comply with subsection 1002.12 of the city zoning ordinance, as may be amended.