4A - Ordinance Amendment Regarding Variance Criteria

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6/9/2011 Chapter 19- Revisor of Statutes Search Minnesota Session Laws Key: (1) language to be deleated (2) new language 2011, Regular Session This document represents the act as presented to the governor. The version passed by the legislature is the final engrossment. It does not represent the official 2011 session law, which will be available here summer 2011. CHAPTER 19--H.F.No. 52 An act relating to local goverrnnent providing for variances from city, county, and town zoning controls and ordinances;amending Minnesota Statutes 2010, sections 394.27, subdivision 7;462.357, subdivision 6. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read: Subd. 7. Variances; haidshifl practical difficulties. The board of adjustment shall have the exclusive power to order the issuance of variances from the tewm requirements of any official control including restrictions placed on nonconformities. Variances shall `,only be permitted when they are in harmony with the general purposes and intent of the official control in eases When there are pr-ae"diffeukies er-paffieulff hardship in and when the tef ms eZ the wwiaiwe variances are consistent with the comprehensive plan. ' used I a a the. Variances maybe granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control 'Practical difficulties," as used in connection with the granting of a variance, means that the prope owner proposes to use the property in a reasonable manner not permitted by an official control, 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 localky. Economic considerations alone shall do not constitute practical difficulties. Practical difficulties include,but are not limited to, inadequate access to direct sunliAt 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 official controls. No variance may be granted that would allow any use that is}r-ehlb not allowed in the zoning district in which the subject property is located. The board of adjustment may impose conditions in the granting of variances to. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance iffiwe eenVfianee- https://www.revisor.mn.gov/laws/?id=1... 1/2