PC Packet 08-20-2013 - Laserfiche WebLink

Home Browse Search

462.357, 2012 Minnesota Statutes Page 1 of 1 (2)To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities.Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance,means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;the plight of the landowner is due to circumstances unique to the property not created by the landowner; and 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.Variances shall be granted for earth sheltered construction as defined in section 216C.06,subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, 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 or governing body as the case may be,may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be 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. https://www.revisor.mn.gov/statutes/?id=462.357 8/15/2013