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462.357, 2011 Minnesota Statutes Page 6 of 7 <br /> . <br /> future land use, and shall have conducted a public hearing on such proposed ordinance, changes or <br /> alterations, of which hearing published notice shall have been given in a daily newspaper of <br /> general circulation at least once each week for three successive weeks prior to such hearing, <br /> which notice shall state the time, place and purpose of such hearing, and shall have reported to the <br /> governing body of the city its findings and recommendations in writing. <br /> Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be <br /> taken by any affected person upon compliance with any reasonable conditions imposed by the <br /> zoning ordinance. The board of appeals and adjustments has the following powers with respect to <br /> the zoning ordinance: <br /> (1) To hear and decide appeals where it is alleged that there is an error in any order, <br /> requirement, decision, or determination made by an administrative officer in the enforcement of <br /> the zoning ordinance. <br /> (2) To hear requests for variances from the requirements of the zoning ordinance including <br /> restrictions placed on nonconformities. Variances shall only be permitted when they are in <br /> harmony with the general purposes and intent of the ordinance and when the variances are <br /> consistent with the comprehensive plan. Variances may be granted when the applicant for the <br /> variance establishes that there are practical difficulties in complying with the zoning ordinance. <br /> "Practical difficulties," as used in connection with the granting of a variance, means that the <br /> property owner proposes to use the property in a reasonable manner not permitted by the zoning <br /> ordinance; the plight of the landowner is due to circumstances unique to the property not created <br /> by the landowner; and the variance, if granted, will not alter the essential character of the locality. <br /> Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> include, but are not limited to, inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth sheltered construction as defined in section 216C.06, <br /> subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the <br /> governing body as the case may be, may not permit as a variance any use that is not allowed under <br /> the zoning ordinance for property in the zone where the affected person's land is located. The <br /> board or governing body as the case may be, may permit as a variance the temporary use of a one <br /> family dwelling as a two family dwelling. The board or governing body as the case may be may <br /> impose conditions in the granting of variances. A condition must be directly related to and must <br /> bear a rough proportionality to the impact created by the variance. <br /> Subd. 6a. Normal residential surroundings for persons with disabilities. 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 day <br /> care facility serving 12 or fewer persons, and a group 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 /> https://www.revisor.mn.gov/statutes/?id=462.357 4/30/2012 <br />