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RELEVANT LINKS: <br />2. Circumstances unique to the property <br />The second practical difficulties factor is that the landowner's plight is due <br />to circumstances unique to the property not caused by the landowner. The <br />uniqueness generally relates to the physical characteristics of the particular <br />piece of property; that is, to the land and not personal considerations of the <br />landowner. The statute further notes that economic considerations alone <br />cannot create practical difficulties. <br />3. Maintain essential character of the locality <br />The third practical difficulties factor is that the variance, if granted, will not <br />alter the essential character of the locality. This factor generally <br />contemplates whether the resulting structure will be out of scale, out of <br />place, or otherwise inconsistent with the surrounding area. <br />B. Granting variances <br />If the facts surrounding a variance application satisfy all three of the <br />statutory factors, then a city may grant the variance. State statute further <br />provides variances shall only be permitted when they are in harmony with <br />the general purposes and intent of the ordinance, and when the terms of the <br />variance are consistent with the comprehensive plan. So, in addition to the <br />three- factor practical difficulties test, a city evaluating a variance application <br />should make findings as to: <br />• whether or not the variance is in harmony with the purposes and intent of <br />the ordinance, and <br />• whether or not the variance is consistent with the comprehensive plan. <br />Whatever the ultimate decision on a particular variance application, a city <br />should carefully consider each of the three factors of the statutory practical <br />difficulties standard. While past practice may be instructive, it cannot <br />replace the need for analysis of all three of the practical difficulties factors. <br />Cities should review their zoning ordinance for provisions relating to <br />variances to be sure they are consistent with the state statutory standard for <br />practical difficulties. <br />League of Minnesota Cities Information Memo. 6/1/2011 <br />Zoning Decisions Page 3 <br />