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` <br /> 6 MINNESOTA STATUTES 2010 462.357 <br /> to the individual property under consideration, and to grant such variances only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. . <br /> "Undue.hardship" as used in connection with the granting of a vaxiance means�the property <br /> in question cannot be put to a reasonable use if used under conditions allowed by the official - <br /> controls,the plight of the landowner is due to circumstances unique to the property�not created by <br /> the landowner, and the variance, if granted, will not alter the essential character of the locality. <br /> Economic considerations alone shall not constitute an undue hardship if reasonable use for the <br /> property exists under the terms of the ordinance.Undue hardship.also includes, but is not limited <br /> � to, inadequate access to direct sunlight far solar energy systems. Variances shall be granted far <br /> earth sheltered cor�struction as defined in section 216C.06, subdivision 14,when in hannony with <br /> the ordinance. The board of appeals and adjustments or the governing body as the case may be, <br /> may not permit as a variance any use that is not permitted under the ordinance for property in <br /> the zone where the affected person's land is located. The board or governing body as the case <br /> . may be, may permit as a variance the temporary use of a one family dwelling as a two family <br /> dwelling. The board or governing body as the case may be may impose conditions in the granting <br /> of variances to insure compliance and to protect adjacent properties. � <br /> Subd. 6a. Normal residential surroundings for persons with disabili�ies.It is the policy of ' <br /> this state that persons with disabilities should not be excluded by municipal zoning ordinances or � <br /> other land use regulations from the benefits of normal residential surroundings.For purposes of <br /> subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. <br /> Subd. 7.Permitted single family use.A state licensed residential facility or a housing with <br /> services establishment registered under chapter 144D serving six or fewer persons, a licensed , <br /> day care facility serving 12 or fewer persons, and a D oup family day care facility licensed under � <br /> ' Minnesota.Rules,parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered <br /> a permitted single family residential use of property for the purposes of zoning, except that a <br /> residential facility whose primary purpose is to treat juveniles who have violated criminal statutes <br /> � relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of <br /> criminal statutes relating to sex offenses shall not be considered a permitted use. . . <br /> Subd. 8.Permitted multifamily use.Except as otherwise provided in subdivision 7 or in any <br /> town, municipal or county zoning regulation as authorized by this subdivision, a state licensed <br /> residential facility serving from 7 through 16 persons or a licensed day care facility serving from <br /> 13 through 16 persons shall be considered a permitted multifamily residential use of property for <br /> purposes of zoning.A township, municipal or county zoning authority may require a conditional <br /> use or special use permit in order to assure proper maintenance and operation of a facility, <br /> provided that no conditions shall be imposed on the facility which axe more restrictive than those <br /> imposed on other conditional uses or special uses of residential property in the same zones, unless , <br /> � the additional conditions are necessary to protect the health and safety of the residents of the , <br /> residential facility.Nothing herein shall be construed to exclude or prohibit residential or day care <br /> facilities from single family zones if otherwise permitted by a local zoning regulation. <br /> Subd. 9. Development goals and objectives.In adopting of�icial controls after July 1,2008, <br /> in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2,the <br /> municipality shall consider restricting new residential, commercial, and industrial development so <br /> that the new development takes place in areas subject to the following goals and objectives: <br /> (1)minimizing the fragmentation and development of agricultural, forest,wildlife,and open <br /> space lands, including consideration of appropriate minimum lot sizes; <br /> Copyright�2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. <br />