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� <br />not constituie an undue hardship if reasonable use for the property e�sts under the <br />terms of the ordinance. Undue hardship also includes, but is not limited to, <br />inadequate access ta direct sunlight for soiar energy systems. �lariances shall be <br />granted for earth sheltered eonstruction as defined in section 116�.06, subdivision <br />2, when in harmony with the ordinance. The board of appeals and adjustments or <br />the governing body as the case may be, may not pernvt as a variance any use that <br />is not perrrutted under the ordinance for property in the zone where the aflFected <br />person's land is locaied. The board or gaverning body as the case may be, may <br />permit as a variance the temporary us� af a one farnily dwelling as a two family <br />dwelling, The board or governing body as the case may be may impose conditions <br />in the granting of varxances to insure corripliance and �o protect adjacent <br />properties. <br />,..; <br />t :1: <br />� : :. �: ; � <br />The standards for granting variaraces in some state enabling st�.tutes and some local codes include <br />"practical difficulties". Of course, dvhat practical difficulties are is also subject to definitian. <br />In some codes, practical difficulty is defined almosi identically io hardship. In others, it is much <br />more loosely defined and subject to interpretation and the judgement of the local government on a <br />case by case basis. <br />1 ' r � - <�; . <br />The simpie answer is that there isn't a single right way to use the variance tool. In fact, based <br />upon Minnesota case law, it is ciear that communities have a fair amount of discretian in <br />approving or denying variances. <br />With this in mind, it is obvious �hat individual communities have some choices io make about <br />variances. The most importan� �hing is to identify the standards for approving variances in your <br />community. If you are not cotnfortable with these standards and pracedures, or intend to use the <br />variance tool differently, change your code to match your intentions. When you have revised <br />your ordinance, be consistent in applying your standards and procedures. <br />If you find your community receiving numeraus variance applicaiions and, particularly if you are <br />regularly approving them, you should probably anaiyze whether your standards should be <br />changed. Circumstances change,� communities evotve, and there is nothing wrong with changing <br />your s�andards. You might also exp�ore the broader us� of plar�ned unit development, <br />performance zoning and oth�r tools that might provide you with more flexibility in accomplishing <br />your obj�ctives. <br />� <br />