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ZONING REGULATIONS (7S-126 <br />(2) The plight of the landowner is due to <br />circumstances unique to his property not <br />created by the landowner. <br />(3) The variance, if granted, will not alter the <br />essential character of the locality. <br />(4) Economic considerations alone shall not <br />constitute an undue hardship if reason* <br />able use for the property exists under the <br />terms of this chapter. <br />(6) Undue hardship also includes but is not <br />limited to inadequate access to direct sun* <br />light for solar energy systems. Variances <br />shall be granted for eaiih*sheltered con­ <br />struction as defined in Minn. Stat. <br />S 216C.06, subd. 2, when in harmony with <br />this cliapter. <br />The board or the council may not permit <br />as a variance any use that is not permit­ <br />ted under this chapter for property in the <br />zone where the affected person's land is <br />located. <br />(7) The board or council may permit as a <br />variance the temporary use of a one- <br />fainily dwelling as a two-&mily dwelling. <br />(8) The special conditions applying to the <br />structure or land in question are peculiar <br />to such property or immediately acUoining <br />property. <br />(9) The conditions do not apply generally to <br />other land or structures in the district in <br />which the land is located. <br />(10) The granting of the application is neces­ <br />sary for the preservation and enjoyment <br />of a substantial property right of the ap­ <br />plicant. <br />(11)The granting of the proposed variance <br />will not in any way impair health, safety, <br />comfort or morals, or in any other respect <br />be contrary to the intent of this chapter. <br />(12) The granting of such variance will not <br />merely serve as a convenience to the ap­ <br />plicant, but is necessary to alleviate de­ <br />monstrable hardship or difficulty. <br />(b) The board or council may impose condi­ <br />tions in granting of variances to ensure compli­ <br />ance with this chapter and to protect adjacent <br />properties. No variance shall be granted or changed <br />beyond the use permitted in this chapter in the <br />district where such land is located. <br />(Code 1984, H 2.56(2)(B), 10.06(lKBKl)(b), <br />(IKBXlXc), 10.08(3)) <br />Sec. 78-124. Variances in border areas. <br />This cliapter seeks to regulate land use through­ <br />out the city so that the location cf Uie various <br />zones will be compatible with each other and to <br />existing uses and regulations. Where property in <br />the city ac(joins property in another municipality <br />which is subject to regulations substantially dif­ <br />ferent from those applying to the city property, so <br />as to make strict enforcement of all the city <br />regulations as to such property unreasonable, the <br />council may take into account the location of the <br />property and the regulations of the adjoining <br />municipality in considering application for vari­ <br />ances under this article. <br />(Code 1984, } 10.08(4)) <br />Sec. 78-185. Denial. <br />Variances may be denied by motion of the <br />council, and such motion shall constitute a find­ <br />ing and determination that the conditions re­ <br />quired for approval do not exist. No application <br />for a variance which has been denied wholly or in <br />pait shall be resubmitted for a period of six <br />months from Uie date of tlie order of denial, <br />except on grounds of new evidence or proof of <br />change of conditions found to be valid by the <br />planning commission. <br />(Code 1984, i 10.08(5)) <br />Sec. 78-128. Failure of the board to act. <br />If no recommendation is transmitted by the <br />board of appeals and a((iu8tments within 60 days <br />after referral of the application for variance to the <br />board, the council may take action without fur­ <br />ther awaiting such recommendation. <br />(Code 1984, $ 10.08(6)) <br />Supp. No. 1 CD78:29 <br />1 <br />I <br />I <br />I <br />i