§ 20-58. General conditions for granting.  


Latest version.
  • A variance may be granted if all of the following criteria are met:

    (1)

    Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.

    (2)

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

    (3)

    That the purpose of the variation is not based upon economic considerations alone.

    (4)

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

    (5)

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

    (6)

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

(Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86; Ord. No. 131, § 3, 7-9-90; Ord. No. 377, § 8, 5-24-04; Ord. No. 423, § 1, 6-12-06; Ord. No. 525, § 1, 6-27-11)