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§ 1007.018 VARIANCES AND APPEALS. (1) Purpose. The purpose of this section is to provide for deviations from the requirements of this Chapter, and to provide for the appeal of an interpretation of legislative intent of the provisions of this chapter. (2) Board Designation. The City Council shall serve as the Board of Adjustment and Appeals. (3) Variances. Variances from the requirements of this ordinance, including restrictions placed on nonconformities, may be granted if the following conditions are met: (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. ordinance. 1. The variance shall be in harmony with the general purposes and intent of the 2. The variance shall be consistent with the official City 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 M. S. §462.357, Subd. 6, variances shall be granted for earth sheltered construction as defined in M. S. §216C.06, Subd. 14, when in harmony with the zoning ordinance. (b) Submittal Requirements. An application for a variance shall be filed with the Zoning Administrator and shall be accompanied with the following submittal information: 1. Proof of title and contract/purchase agreement and/or property owner signature on the application form when applicable. 2. Certificate of survey prepared by a licensed land surveyor in compliance with the requirements in City Code Section 1007.020(2)(b). The Community Development Department 45