(A) Board of Appeals and Adjustments. The City Council shall be the Board of Appeals and Adjustments for this city, and as provided by M.S. § 462.354, Subdivision 2 shall have the powers granted under M.S. § 462.357, Subdivision 6, as they may be amended from time to time.
(B) Variances. Pursuant to M.S. § 462.357, Subdivision 6, as it may be amended from time to time, the City Council, acting as a Board of Appeals and Adjustments, may issue variance from the provisions of this zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property.
(1) Variances shall only be permitted:
(a) When they are in harmony with the general purposes and intent of this section; and
(b) When the variances are consistent with the comprehensive plan.
(2) Variances may be granted when the applicant for the variance established that there are practical difficulties in complying with the zoning ordinance.
(3) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PRACTICAL DIFFICULTIES. As used in connection with the grant of a variance, means that:
1. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
2. The plight of the landowner is due to circumstances unique to the property not created by the landowners; and
3. The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but
are not limited to, inadequate access to direct sunlight for solar energy systems.
(4) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subdivision 14, when in harmony with the section. The Board of Appeals and Adjustments may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. The Board may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Board may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(Ord. passed 4-24-78; Am. Ord. 151.53, passed 1-12-15)