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variance upon the health, safety and welfare of the community, existing and anticipated <br /> traffic conditions, light and air, danger of fire,risk to the public safety, and the effect on <br /> values of property in the surrounding area. Before granting a variance, the council shall <br /> hear requests for variances from the literal provisions of this chapter in instances where <br /> their strict enforcement would cause ' practical difficulties because of <br /> circumstances unique to the individual property under consideration, and to grant such <br /> variances only when it is demonstrated that such actions will be in keeping with the spirit <br /> and intent of this chapter. The parameters within which a variance may be granted are as <br /> follows: <br /> (1) The property owner in question nronoses to use the nronertv in a reasonable <br /> manner. however.the nronosed use is not nermitted^��-��*'���•�**� � r�������,� <br /> �'�'•��'' • „�'�~� ~a�+��~� �"��•��a 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�do not constitute <br /> .,�..,e e �,.�,�o o,.�- e.,;��� a ,.��.o�o ,.��,,; ,,,,., +e ra� <br /> .va..vv.....v... ..uv i�.. �..v Y:vj.....��v�ao�o uiiccv <br /> difficulties. <br /> (5) ' Practical difficulties also include�but�sare not limited to <br /> inadequate access to direct sunlight for solar energy systems. Variances shall be <br /> granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. <br /> 2,when in harmony with this chapter. <br /> (6) The board or the council may not permit as a variance any use that is not <br /> permitted under this chapter for property in the zone where the affected person's <br /> land is located. <br /> (7) The board or 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 /> (10) The granting of the application is necessary for the preservation and enjoyment of <br /> a substantial property right of the applicant. <br /> (11) The granting of the proposed variance will not in any way impair health, safety, <br /> comfort or morals, or in any other respect be contrary to the intent of this chapter. <br /> 157769v1 2 <br />