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. . . <br /> . , �� �� • ' <br /> EFFEC�'IVE IDATE.This section is effective the dav followin�final enactment. . <br /> Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: <br /> Subd. 6. Appeals and adjustments. Appeals to the board of appeals and <br /> adjustments may be taken by any affected person upon compliance with any reasonable • <br /> conditions imposed by the zoning ordinance. The board of appeals and adjustments has <br /> the following powers with respect to the zoning ordinance: <br /> (1)To hear and decide appeals where it is alleged that�there is an error iri any �� <br /> order, requirement, decision, or determination made by an administrative officer in the <br /> enforcement of the zoning ordinance. �. • <br /> (2) To hear requests for variances from the ' � <br /> , <br /> �� �� <br /> ��*�^°°-°"^°�°a '�•� '"° ������' �^^+�^'�, rec�uirements of the zoning ordinance including <br /> restrictions placed on nonconformities. Variances sl�all onl ��permitted when�the a�re in <br /> �armonv with the eneral purposes and intent of the ordinance and when the variances are <br /> 'cnnsistent with the comprehensive plan. Variances maY be granted when ihe applicant for <br /> tlie variance establishes that there are practical diffieulties in comptvin� with the zoning <br /> ' ordinance. "Practical dif�iculties," as used in connection with the grantin; of a variance <br /> � means�that the propertv owner proposes to use the properly in a reasonable maruier riot <br /> permitted bv the zonin� ordinance; the plight of the landowner is due to circumstances <br /> � unique to the property not created by the landowner;;,and the variance, if granted,will not <br /> alter the essential character of the locality. Economic considerations alone s�a�do not . _ <br /> constitute <br /> . _practical difficulties. Practical difficulties <br /> include, but�are not limited to, inadequate access to direct sunlight for solar energy � <br /> systems. Variances shall be granted for earth sheltered construction as defined in section � • <br /> , 216C.06, subdivision 14, when in harmony wtth the ordinan¢e. The board of appeals and . <br /> adjustments or the governing body as the case may be, may not permit as a variance any <br /> use that is not�e�allowed under the zonin�ordinance for property in the zone <br /> . � 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 � <br /> family dwelling. The board or governing body as the case may be may impose conditions <br /> in the granting of varianees .. A <br /> condition must be directiv related to and�must�bear a rou�h propor.tionalitv to the i�mnact . <br /> created by the variance. <br /> EFFECTIVE DATE.This section is effective the dav followin�final enactment. <br /> Presented to the governor May 2, 2011 <br /> Signed by the govemor May 5, 2011, 3:03 p.m. <br /> � <br />