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Variances and Planned-Unit Developments Chapter 917 Application Reviews <br /> <br /> Page 917-19 <br />Director; <br />3. Setback dimensions/measurements including separation between structures; <br />4. Parking and access locations, dimensions, and paving, striping and curbing <br />details; <br />5. If deemed necessary by the Community Development Director, a survey <br />may be required with the application in addition to a site plan. <br />D. Criteria for Approving a Variance <br />1. A variance may be approved only if these criteria are met: <br />a. The request is in harmony with the purposes and intent of this ordinance <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.