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H.F. No. 52, 2nd Engrossment - 87th Legislative Session (2011 -2012) Posted on Apr 29, 2011 <br />1.1A bill for an act <br />1.2relating to local government; providing for variances from city, county, and town <br />1.3zoning controls and ordinances;amending Minnesota Statutes 2010, sections <br />1.4394.27, subdivision 7; 462.357, subdivision 6. <br />1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: <br />2.12 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: <br />2.13 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and <br />2. 14adjustments may be taken by any affected person upon compliance with any reasonable <br />2. 15conditions imposed by the zoning ordinance. The board of appeals and adjustments has <br />2.16the following powers with respect to the zoning ordinance: <br />2.17(1) To hear and decide appeals where it is alleged that there is an error in any <br />2. Zsorder, requirement, decision, or determination made by an administrative officer in the <br />2.19enforcement of the zoning ordinance. <br />2.20(2) To hear requests for variances from the <br />2.21 e hardship because of <br />2.22 ' ' r-ty- undereensideration, and to grant such <br />2.2 <br />2.24 <br />2.2 <br />2.26eenditiens- allowed by the official controls, requirements of the zoning ordinance including <br />2. 27restrictions placed on nonconfonnities. Variances shall only be permitted when they are in <br />2. 28harmonv with the general purposes and intent of the ordinance and when the variances are <br />2. 29consistent with the comprehensive plan. Variances may be granted when the applicant for <br />2. 30the variance establishes that there are practical difficulties in complying with the zoning <br />2. 3 /ordinance. "Practical difficulties," as used in connection with the granting of a variance, <br />2.32means that the property owner proposes to use the property in a reasonable manner not <br />2. 33permitted by the zoning ordinance; the plight of the landowner is due to circumstances <br />2. 34unique to the property not created by the landowner;; and the variance, if granted, will not <br />2. 35alter the essential character of the locality. Economic considerations alone shall do not <br />3. /constitute an and <br />3. 2th ' . practical difficulties. Practical difficulties <br />3. 3include, but is are not limited to, inadequate access to direct sunlight for solar energy <br />3.4systems. Variances shall be granted for earth sheltered construction as defined in section <br />3.5216C.06, subdivision 14 , when in harmony with the ordinance. The board of appeals and <br />12 <br />