The City Council acting as the Board of Adjustments and Appeals must make all of the following findings in order to grant a variance:
A. That the landowner proposes to use the property in a reasonable manner.
B. That the practical difficulty or plight of the landowner is unique to the subject property and is not created by the landowner.
C. That the variance, if granted, will not alter the essential character of the neighborhood or City.
D. That the terms of the variance are consistent with the Comprehensive Plan.
E. That the variance, if granted, is in harmony with the purpose and intent of the Zoning Ordinance.
F. That the practical difficulty is not created solely by economic considerations.
In making its determination on whether to grant or deny a variance, the Board of Adjustments and Appeals shall follow the following non-exclusive factors:
A. If applicable, variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes 216C.06., Subdivision 14, as amended when in harmony with this Ordinance.
B. If applicable, the Board of Adjustment may consider the inability to use solar energy systems a hardship in the granting of variances.
C. Economic considerations alone cannot constitute a hardship if a reasonable use for the property exists under the terms of this Ordinance.
D. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.
The Board of Adjustments and Appeals shall make appropriate findings for the record in any decisions regarding an appeal. Decisions by the Board of Adjustments and Appeals for variances or appeals shall require a simple majority of a quorum of the members.
[§ 7A-525 added by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 09-03, effective March 3, 2009, as amended by Ord. No. 11-04, effective June 30, 2011.]