Subd. 1. Purposes and Authorization. Except as otherwise provided in this chapter, variances from the requirements of this chapter may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and are consistent with the City's comprehensive plan. "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 this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. 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. Variances shall be granted for earth sheltered construction as defined by statute when in harmony with this chapter. The Board of Adjustments and Appeals or Council as the case may be may not permit as a variance any use that is not allowed by this chapter in the zoning district in which the subject property is located. The Board of Adjustments and Appeals or Council as the case may be may permit as a variance the temporary use of a one (1) family dwelling as a two (2) family dwelling. The Board of Adjustments and Appeal or Council as the case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(Source: Ordinance No. 14-2011, 10-27-2011; Ordinance No. 72-84, 4-5-1984)

Subd. 2. Application and Fee. Application fees shall be set by Council pursuant to ordinance. Applications shall be made on forms and pursuant to the procedures designated by the Community Development Department.

(Source: Ordinance No. 14-2011, 10-27-2011; City Code, 9-17-1982)

Subd. 3. Time Limitation. Variances granted from the provisions of this chapter shall be used within one year and if not, the variance will be of no further force and effect.

(Source: Ordinance No. 72-84, 4-5-1984)