4A - Ordinance Amendment Regarding Variance Criteria

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6/9/2011 Chapter 19 - Revisor of Statutes EFFECTIVE DATE.This section is effective the day following final enactment. Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1)To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2)To hear requests for variances from the tanees where die s, iet ed ofA weuld eause ,ndiie hafdsh,p beeause of- 'URdue n requirements of the zoning ordinance includinz restrictions placed on nonconformities. Variances shall only be permitted when they harmony with the eg_neral 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 landownerfl and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall do not constitute practical difficulties. Practical difficulties include, but is 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 p allowed under the w nin 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. EFFECTIVE DATE.This section is effective the day following final enactment. Presented to the governor May 2, 2011 Signed by the governor May 5, 2011, 3:03 p.m. https://www.revisor.mn.gov/laws/?id=1... 2/2