§ 36-98. Findings for variances.

(a)

The board of appeals and adjustments shall not grant a petition for a variance unless it finds that:

(1)

The variance would be in harmony with the general purposes and intent of this chapter;

(2)

The variance would be consistent with the comprehensive plan; and

(3)

There are practical difficulties in complying with this chapter.

(b)

The term "practical difficulties" means the following:

(1)

The property owner proposes to use the property in a reasonable manner not permitted by this chapter;

(2)

The plight of the landowner is due to circumstances unique to the property not created by the landowner; and

(3)

The variance, if granted, will not alter the essential character of the locality.

(c)

Economic considerations alone do not constitute practical difficulties.

(d)

Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(e)

Variances shall be granted for earth sheltered construction, as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter.

(f)

No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located.

(g)

A variance may be approved for the temporary use of a one-family dwelling as a two-family dwelling.

(h)

A favorable vote by the board shall be deemed to include a favorable finding on each of the foregoing matters, even if not specifically set out in the approval resolution or the minutes of the board meeting.

(Code 1970; Code 1992, § 850.04(2)F)

State law reference

Variances, Minn. Stats. § 462.357, subd. 6.