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Current Code <br /> Sec. 78-122. References to board. <br /> Before authorization of any variances by the council, the request shall be referred to the board of <br /> appeals and adjustments for study concerning the effect of the proposed variance upon the <br /> comprehensive municipal plan and on the character and development of the neighborhood; and <br /> for its recommendation to the council for the granting of such variance so as to relieve such <br /> difficulties or hardship to the degree considered reasonable without impairing the intent and <br /> purpose of this chapter. The board of appeals and adjustments shall recommend such conditions <br /> related to the variance regarding the location, character and other features of the proposed <br /> building, structure or use as it may deem advisable. The council by unanimous action may waive <br /> reference to the board. <br /> Sec. 78-123. Issuances. <br /> (a) In considering an application for a variance, the council shall consider the advice and <br /> recommendation of the board of appeals and adjustments and the effect of the proposed variance <br /> upon the health, safety and welfare of the community, existing and anticipated traffic conditions, <br /> light and air, danger of fire, risk to the public safety, and the effect on values of property in the <br /> surrounding area. Before granting a variance, the council shall hear requests for variances from <br /> the literal provisions of this chapter in instances where their strict enforcement would cause <br /> undue hardship because of circumstances unique to the individual property under consideration, <br /> and to grant such variances only when it is demonstrated that such actions will be in keeping <br /> with the spirit and intent of this chapter. The parameters within which a variance may be granted <br /> are as follows: <br /> (1) The property in question cannot be put to a reasonable use if used under conditions <br /> allowed by the official controls. <br /> (2) The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. <br /> (3) The variance, if granted, will not alter the essential character of the locality. <br /> (4) Economic considerations alone shall not constitute an undue hardship if reasonable <br /> use for the property exists under the terms of this chapter. <br /> (5) Undue hardship also includes but is not limited to inadequate access to direct <br /> sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this <br /> chapter. <br /> (6) The board or the council may not permit as a variance any use that is not permitted <br /> under this chapter for property in the zone where the affected person's land is located. <br /> (7) The board or the council may permit as a variance the temporary use of a one-family <br /> dwelling as a two-family dwelling. <br /> (8) The special conditions applying to the structure or land in question are peculiar to <br /> such property or immediately adjoining property. <br /> (9) The conditions do not apply generally to other land or structures in the district in <br /> which the land is located. <br /> 5 <br />