§ 157.167  VARIANCES.
   (A)   The City Council may grant variances from strict application of the provisions of this chapter and impose conditions and safeguards in the variance so granted in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
   (B)   Application requirements, public hearing and notice requirements and review processes shall be the same as for amendments and rezoning amendments (§ 157.168 of this chapter).
   (C)   In considering applications for variances under this chapter, the City Council shall consider the advice and recommendations of the Park/Planning Commission.
   (D)   Variances shall only be permitted:
      (1)   When they are in harmony with the general purposes and intent of the chapter; and
      (2)   When the variances are consistent with the Comprehensive Plan.
   (E)   (1)   Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter.
      (2)   Practical difficulties, as used in connection with the granting of a variance, means that:
         (a)   The property owner proposes to use the property in a reasonable manner not permitted by this chapter;
         (b)   The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
         (c)   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.
   (F)   Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with this chapter. The Board of Appeals and Adjustments may not permit as a variance any use that is not allowed under this chapter 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 12-17-2014)