(A) Criteria for granting variances. A variance to the provisions of this chapter may be issued by the Board of Adjustment to provide relief to the landowner in those cases where this chapter imposes practical difficulties to the property owner in the use of this land. No variances may be issued for a use not permitted in that district. A variance may be granted, pursuant to M.S. § 462.357, Subd. 6, as amended, only upon finding all of the:
(1) The variance is in harmony with the purpose and intent of the ordinance;
(2) The variance is consistent with the comprehensive plan;
(3) The proposal seeks to use the property in a reasonable manner not permitted by the zoning ordinance;
(4) The plight of the landowner is due to circumstances unique to the property not created by the landowner;
(5) The variance, if granted, will not alter the essential character of the locality.
(6) No variance shall permit a lower degree of flood protection than the Regulatory Flood Protection elevation for the particular area or permit standards lower than those required by federal, state or local law.
(7) 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.
(8) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, when in harmony with this section. The board of 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.
(B) Required exhibits for variance applications.
(1) A preliminary building and site development plan showing measured distances to boundary lines from proposed project for area variances, and other dimensions (i.e. height, square feet, etc.) which apply to relief requests. The Council may also require a boundary survey of the property.
(2) Evidence of ownership or enforceable option on the property, including the complete legal description, and names and addresses of all owners.
(1987 Code, § 703.07) (Am. Ord. 442, passed 11-9-1999; Am. Ord. 506, passed 5-8-2007; Am. Ord. 546, passed 8-23-2011)