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From Minnesota Statutes <br />http://www.revisor.leg.state.mn.us/stats/394/ <br />394.27 Creation and duties of a board of adjustment <br />Subd. 7. Variances; hardship. The board of adjustment shall have the exclusive <br />power to order the issuance of variances from the terms of any official control including <br />restrictions placed on nonconformities. Variances shall only be permitted when they are <br />in harmony with the general purposes and intent of the official control in cases when <br />there are practical difficulties or particular hardship in the way of carrying out the strict <br />letter of any official control, and when the terms of the variance are consistent with the <br />comprehensive plan. "Hardship" as used in connection with the granting of a variance <br />means the property in question cannot be put to a reasonable use if used under the <br />conditions allowed by the official controls; the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner; and the variance, if <br />granted, will not alter the essential character of the locality. Economic considerations <br />alone shall not constitute a hardship if a reasonable use for the property exists under the <br />terms of the ordinance. Variances shall be granted for earth sheltered construction as <br />defined in section 216C.06, subdivision 14, when in harmony with the official controls. <br />No variance maybe granted that would allow any use that is prohibited in the zoning <br />district in which the subject property is located. The board of adjustment may impose <br />conditions in the granting of variances to insure compliance and to protect adjacent <br />properties and the public interest. The board of adjustment may consider the inability to <br />use solar energy systems a "hardship" in the granting of variances. <br /> <br />