(A) The grant of a variance from a provision which relates to the zoning dimension provisions requires the presence of the following conditions:
(1) The strict enforcement of the land use controls will result in undue hardship as defined in § 154.007.
(2) Granting of the variance is not contrary to the purpose and intent of this chapter and is consistent with the Rum River Rule, Minn. Rules, parts 6105.1400 through 6105.1500, as may be amended from time to time.
(3) There are exceptional circumstances unique to the subject property, which were not created by the landowner.
(4) Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located.
(5) Granting of the variance will not alter the essential character of the locality.
(B) All variances to the requirements of this chapter must be certified in accordance with § 154.101.
(Ord. 324, passed 11-16-00)