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• H. Interim Uses—Minnesota Statutes Section 462.3597 <br /> 1. Allows the temporary use of property until a particular date or <br /> event. <br /> a. So-called"temporary conditional use". <br /> 2. Use must otherwise conform with the zoning ordinance. <br /> Variances—Minnesota Statutes Section 462.357, Subd. 6(2) <br /> 1. City may allow a variance from strict requirements of zoning <br /> ordinance. <br /> a. Statute requires"undue hardship" <br /> i. property cannot be put to a reasonable use. <br /> ii. unique circumstances not created by the landowner. <br /> iii. will not alter essential character of the locality. <br /> iv. economic considerations alone do not constitute <br /> undue hardship. <br /> 2. "Use"variances are prohibited <br /> a. May not permit as a variance a use that is not allowed in <br /> the zone. <br /> • 3. The Council acts in a legislative capacity when deciding on <br /> variances because the terms of the legislation(ordinance) are being <br /> varied. <br /> a. There is very seldom a"right"to a variance. <br /> b. "arbitrary"nature of standard sought to be varied is not <br /> enough to establish a right to the variance. <br /> 4. Consistency in the approval or denial of variances. <br /> a. The courts have stated that the mere fact a similar variance <br /> was granted earlier does not establish a right to a variance. <br /> b. However,the arbitrary and capricious standard still applies. <br /> There must be some rational basis for the decision. <br /> 5. Requests for variances are heard by the Board of Adjustments <br /> (Planning Commission) and may be appealed to the City Council. <br /> J. Appeals—Minnesota Statutes §462.357, Subd. (6)(1) <br /> 1. Property owners may appeal from a decision or interpretation of <br /> the Zoning Administrator. <br /> a. Appeal is heard first by Board of Adjustments (Planning <br /> Commission). <br /> • <br /> 8 <br />