01/12/2022 Item 7A, ZOTA-Administration Section

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2-14 (3) Narrative description of how the application complies with the variance criteria listed Procedures., including restrictions placed on nonconformities, may be granted under the following conditions. (a) Criteria and Findings of Fact. No variance shall be granted unless it meets all the criteria in paragraphs 1. through 6. or unless paragraph 7. applies. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. 2. The variance shall be consistent with the comprehensive plan. 3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. 5. The variance shall not alter the essential character of the locality. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. The City may impose conditions in the granting of variances. Conditions must be directly related to and must bear a rough proportionality to the impact created by the variance. (b) Variance Procedure. The City shall decide upon requests for variance by approving or denying the same in part or in whole. The procedure for granting variances is as follows: A person desiring a variance shall 1. The fill out and submit to the Zoning Administrator or his/her designee a “Land Use Application Form”, together with a fee as established by City Council resolution/ordinance and all related material to document said hardship. 2. The request for variance shall be placed on the agenda of the Planning and Zoning Board according to the City’s deadline and meeting schedule. The request shall be considered as being officially submitted and the application approval timeline commences when all the information requirements are complied with.