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(c) Application. <br />(1) Any owner of property or a person holding a contract to purchase property, or an <br />optionee holding an option conditioned solely on the grant of a variance, or the duly <br />authorized agent of such appellant, may make application for a variance. The <br />application shall be made on forms prepared by the zoning administrator. <br />(2) The application shall contain the legal description of the property, the zoning district <br />in which it is located, a brief statement of the reasons the variance is requested, a <br />statement of the ownership interest therein of the applicant and the names and addresses <br />of the owners of all abutting property as listed on the current real estate tax rolls. The <br />application shall be verified. <br />(d) Use variances prohibited. Variances may not be approved for a use that is not allowed in <br />the zoning district where the property is located. <br />(e) Review criteria. The city council shall not approve any variance request unless they find <br />that failure to grant the variance will result in practical difficulties on the applicant, and, as <br />may be applicable, all of the following criteria have been met: <br />(1) The variance would be in harmony with the general purposes and intent of this <br />chapter. <br />(2) The variance would be consistent with the comprehensive plan. <br />(3) That, there are practical difficulties in complying with this chapter. <br />(4) That the granting of the variance will not impair an adequate supply of light and air to <br />adjacent property, or substantially increase the congestion of the public streets, or <br />increase the danger of fire, or endanger the public safety. <br />(5) That the requested variance is the minimum action required to eliminate the practical <br />difficulties. <br />(6) Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § <br />216C.06, subd. 14, when in harmony with this chapter. Variances may be approved for <br />the temporary use of a one-family dwelling as a two-family dwelling. <br />(f) Conditions. The city may attach conditions to the grant of the variance. A condition must <br />be directly related to and must bear a rough proportionality to the impact created by the <br />variance. <br />(g) Procedure. <br />(1) All applications for variances shall be referred to the planning commission for study <br />and recommendation to the city council. <br />(2) Within 60 days, the planning commission shall forward its recommendations to the <br />city council; if no recommendation is transmitted within 60 days after referral of the <br />application for variance to the planning commission, the city council may take action <br />without further awaiting such recommendation. <br />(3) Variances are granted or denied by motion of the city council. <br />(h) Termination. The violation of any condition of the variance shall be the basis for the city <br />council, following a hearing, to terminate the variance. If the property is not used or <br />improvements substantially begun within a period of one year after the decision granting the <br />variance, unless the variance decision provides otherwise, the variance shall be terminated.