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Variances and Planned-Unit Developments Chapter 917: Application Reviews <br /> Page 917-19 <br />(b) The variance is consistent with the Comprehensive Plan. <br />(c) The applicant can demonstrate that there are “practical difficulties” in <br />complying with the regulation(s) in question. Determination of whether <br />practical difficulties exist shall be based on the following: <br />1. The property owner proposes to use the property in a reasonable manner <br />permitted by this ordinance; <br />2. The plight of the land owner is due to circumstances unique to the property <br />not created by the landowner; <br />3. The variance will maintain the essential character of the locality. <br />(2) Practical difficulties include, but are not limited to, inadequate access to direct sun <br />light for solar energy systems. <br />(3) Economic considerations alone shall not constitute a sufficient basis for a Variance if <br />reasonable use for the property exists under the regulation. <br />(4) Variances shall be granted for earth-sheltered construction as defined in Minnesota <br />Statutes 216C, Subd. 14, when in harmony with this ordinance. <br />(5) The City Council may impose conditions in the granting of a variance. Such <br />conditions must be directly related to and bear a rough proportionality to the impact <br />created by the variance. <br />(E) City Staff Review and Recommendation <br />The Community Development Director is authorized to review and provide <br />recommendations to the Planning Commission and City Council in accordance with the <br />procedures and standards of this Chapter. At the discretion of the Community Development <br />Director, the Development Review Committee may provide advice on Variances. <br />(F) Planning Commission <br />The Planning Commission shall adopt findings and recommendations for the City Council <br />on the proposed variance. <br />(G) City Council <br />The City Council shall hold a public hearing on the variance. After considering the <br />Planning Commission recommendation, the City Council may adopt the variance or any <br />part thereof in such form as it deems appropriate. Approval of a variance shall require a <br />majority vote of the City Council. <br />(H) Effect of a Variance <br />(1) The issuance of a variance shall authorize only the particular variation that is <br />approved by City Council; <br />(2) A variance, including any conditions, shall run with the land and shall not be affected <br />by a change in ownership.