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ORDINANCE NO. 11-03, SECOND SERIES IN., AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE REGARDING VARIANCE REVIEW CRITERIA CITY OF PEQUOT LAKES COUNTY OF CROW WING STATE OF MINNESOTA The City Council of the City of Pequot Lakes does ordain as follows: Purpose and Intent: The purpose of this ordinance amendment is to amend Chapter 17 of the Pequot Lakes City Code relating to Variance review criteria. Amendment: Chapter 17,Article 3.2 shall be amended as follows: 3.2 DEFINITIONS 181. Practical Difficulties. The property 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 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. 242. Variance. A legally permitted deviation as provided in MSA 462.357, subd. 6, from the requirements of this ordinance, including restrictions placed on nonconformities, as determined by the Board of Adjustment Amendment: Chapter 17, Article 11.7 shall be amended as follows: 11.7 VARIANCES 6. Variances shall be decided within the required time frame with consideration for the following: A. The applicant establishes that there are practical difficulties, as defined in this ordinance, in complying with the official control, and B. The plight of the landowner is due to circumstances unique to the property not created by the landowner, and C. The deviation from the Ordinance with any attached conditions will still be in harmony with the general purposes and intent of the Ordinance and the Comprehensive Plan, and D. The variance will not create a land use not allowed in the zone, and E. The variance will not alter the essential character of the locality, and F. The variance is not for economic reasons alone,but reasonable use of the property does not exist under the Ordinance.