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2-11 <br />§ 1007.018 VARIANCES AND APPEALS. <br /> <br />(1) Purpose. The purpose of this section is to provide for deviations from the requirements <br />of this Chapter, and to provide for the appeal of an interpretation of legislative intent of the <br />provisions of this chapter. <br /> <br />(2) Board Designation. The City Council shall serve as the Board of Adjustment and Appeals. <br /> <br />(3) Variances. Variances from the requirements of this ordinance, including restrictions <br />placed on nonconformities, may be granted under the following conditions: <br /> <br />(a) Criteria and Findings of Fact. No variance shall be granted unless it meets all the <br />criteria in paragraphs 1. through 6. or unless paragraph 7. applies. The City shall make findings <br />regarding compliance with these criteria. <br /> <br />1. The variance shall be in harmony with the general purposes and intent of the <br />Oordinance. <br /> <br />2. The variance shall be consistent with the comprehensive plan. <br /> <br />3. There shall be practical difficulties in complying with the Oordinance. “Practical <br />difficulties,” as used in connection with the granting of a variance, means that the property owner <br />proposes to use the property in a reasonable manner not permitted by the Oordinance. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties include, but are <br />not limited to, inadequate access to direct sunlight for solar energy systems. <br /> <br />4. The plight of the landowner shall be due to circumstances unique to the property <br />not created by the landowner. <br /> <br />5. The variance shall not alter the essential character of the locality. <br /> <br />6. A variance shall not be granted for any use that is not allowed under the <br />Oordinance for property in the zoning district where the subject site is located. <br /> <br />7. In accordance with Minnesota Statute 462.357, Subp. 6, variances shall be granted <br />for earth sheltered construction as defined in Minnesota Statute 216C.06, Subd. 14, when in <br />harmony with the zoning Oordinance. <br /> <br />(b) Submittal Requirements. Applications for variances shall be filed with the <br />Community Development Department and shall be accompanied by the following submittal <br />information: <br /> <br />1. Proof of title and contract/purchase agreement and/or property owner signature on <br />the application form when applicable. <br /> <br />2. Certificate of survey prepared by a licensed land surveyor in compliance with the <br />requirements in 1007.020(2)(b) of the Oordinance. The Community Development Department