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circumstances unique to the property not created by the <br /> landowner, and the variance, if granted, will not alter the <br /> essential character of the locality. Economic considerations <br /> alone shall not constitute an undue hardship if reasonable use <br /> for the property exists under the terms of the ordinance. Undue <br /> hardship also includes, but is not limited to, inadequate access <br /> to direct sunlight for solar energy systems. Variances shall be <br /> granted for earth sheltered construction as defined in section <br /> 216C.06, subdivision 14, when in harmony with the ordinance. <br /> The board of appeals and adjustments or the governing body as <br /> the case may be, may not permit as a variance any use that is <br /> not permitted under the ordinance for property in the zone where <br /> the affected person's land is located. The board or governing <br /> body as the case may be, may permit as a variance the temporary <br /> use of a one family dwelling as a two family dwelling. The <br /> board or governing body as the case may be may impose conditions <br /> in the granting of variances to insure compliance and to protect <br /> adjacent properties. <br /> Subd. 6a. Normal residential surroundings £or <br /> handicapped. It is the policy of this state that handicapped <br /> persons and children should not be excluded by municipal zoning <br /> ordinances or other land use regulations from the benefits of <br /> ' normal residential surroundings. For purposes of subdivisions <br /> 6a through 9, "person" has the meaning given in section 245A.02, <br /> subdivision 11. <br /> Subd. 7. Permitted single family use. A state <br /> licensed residential facility or a housing with services <br /> establishment registered under chapter 144D serving six or fewer <br /> persons, a licensed day care facility serving 12 or fewer <br /> persons, and a qroup family day care facility licensed under • <br /> Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or <br /> fewer children shall be considered a permitted single family <br /> residential use of property for the purposes of zoning, except <br /> that a residential facility whose primary purpose is to treat <br /> juveniles who have violated criminal statutes relating to sex <br /> offenses or have been adjudicated delinquent on the basis of <br /> conduct in violation of criminal statutes relating to sex <br /> offenses shall not be considered a permitted use. <br /> Subd. 8. Permitted multifamily use. Except as <br /> otherwise provided in subdivision 7 or in any town, municipal or <br /> county zoning regulation as authorized by this subdivision, a <br /> state licensed residential facility serving from 7 through 16 <br /> persons or a licensed day care facility serving from 13 through <br /> 16 persons shall be considered a permitted multifamily <br /> residential use of property for purposes of zoning. A township, <br /> municipal or county zoning authority may require a conditional <br /> use or special use permit in order to assure proper maintenance <br /> and operation of a facility, provided that no conditions shall <br /> be imposed on the facility which are more restrictive than those <br /> imposed on other conditional uses or special uses of residential <br /> property in the same zones, unless the additional conditions are <br /> necessary to protect the health and safety of the residents of <br /> the residential facility. Nothing herein shall be construed to <br /> exclude or prohibit residential or day care facilities from <br /> c�^ <, <br /> p y1 f. ; `4.c y t <br /> `�,-�z �{ G�+,%� �."'+ ti.,;� ,( <br /> .,�y S�� .+,� ;'�.!,� j;y tr�' i�:l ,;• \. <br /> .�y �r� fl, 'r ���i ,,..r%'r� � <br /> {; y� :j � �•i..,tw..i�'i L'11 <br /> �F' e�� ;� N � . �`-t,,.�l{ <br /> `�':Y....,1�fr� �r�����`'� b�''4.r%� ��'i� <br />