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A practical difficulty most also be established by the Planning Commission and City <br />Council. Section 17.4.1 of the Consolidated Land. Use Ordinance states: <br />The City Council, sitting as the Board of .Appeal and Adjustment, may grant <br />Variances from the strict applications of the provision of this Zoning 0rd1nartce and <br />impose conditions and safeguards in the Variances so granted. These Variances <br />shall be considered in cases where by reason of narrowness, shallowness, or <br />shape of a lot or where by reason of exceptional topographic or water conditions <br />or where other extraordinary and exceptional conditions of such lot exis#, the strict <br />%application of the terms of the Zoning Ordinance would .result in practical difficulties <br />upon the owner of such lot in complying with the regulations of the zoning district <br />in which said lot is located. ``Practical difficulties," as used in connection with the <br />grant of a variance, means that the property owner proposes to use the property <br />in a. reasonable manner not permitted by the zoning ordinance; the plight of the <br />landowner is due to circumstances unique to the property not created by the. <br />landowner; and the variance, if granted, will not alter the essential character of the <br />locality. Economic consideration alone do not constitute practical difficulties. <br />Practical difficulties include, but are not limited to, inadequate access to direct <br />sunlight for solar energy systems..A variance may not granted to allow any use. <br />that is not allowed in the zoning district in which the property is located. <br />Conditional Use Permit <br />Any use which is permitted in the City of Vadnais Heights, bordering Gem Lake, is <br />considered a Conditional Use in Gem fake when the use is proposed to overlap into the <br />City. This is the case with the Luther proposal. <br />The same criteria for approving a variance is used to approve a Conditional. Use Permit. <br />There is one additional criteria to consider: anticipated duration of the Conditional Use <br />Permit. <br />If the proposed use meets these criteria, a Conditional Use Permit may be approved by <br />the City. <br />A Conditional Use Permit allows the City to adopt reasonable conditions when approving. <br />the permit. <br />The following staff requirements are recommended for adoption: <br />Conditional Use Permit— Recommended Reg uirements: <br />3 <br />