(A) Pursuant to M.S. § 462.357, subd. 6, as it may be amended from time to time, the Board of Adjustment, may issue variances from the provisions of the zoning ordinance. A variance is a modification or variation of the provisions of this chapter as applied to a specific piece of property.
(B) Variances shall run with the property and shall be transferable with the property. Variances shall not be transferred to other properties.
(C) Variances shall require a public hearing. All applications for a variance shall be submitted to the Zoning Administrator a minimum of 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application. The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice at least ten days in advance of this hearing to the DNR, if the proposed variance is in shoreland or floodplain.
(D) The applicant shall complete the variance application approved by the Board of Adjustment. The application shall contain submittal requirements, criteria for approval, procedure for consideration and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.
(E) Variances shall only be permitted:
(1) When they are in harmony with the general purposes and intent of the ordinance; and
(2) When the variances are consistent with the Comprehensive Plan.
(F) Variances may be granted when the applicant for the variance establishes that there are “practical difficulties” in complying with the zoning ordinance:
(1) PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means that:
(a) The property owner proposes to use the property in a reasonable manner not permitted by this chapter;
(b) The plight of the property owner is due to circumstances unique to the property and not created by the owner; and
(c) The variance, if granted, will not alter the essential character of the locality.
(2) Economic considerations alone do not constitute practical difficulties; and
(3) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(G) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, as it may be amended from time to time, when in harmony with this chapter.
(H) The Board of Adjustment shall not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the property owner’s land is located with the following exception: the Board of Adjustment may permit, as a variance, the temporary use of a single-family dwelling as a two-family dwelling.
(I) The Board of Adjustment may impose conditions in the granting of variances; provided, all conditions are directly related to the variance request, and each condition bears a rough proportionality to the impact created by the variance.
(J) When costs to the city involved in processing and reviewing an application exceed the original application fees, the applicant shall reimburse the city for any additional costs. The expenses may include, but are not limited to, payroll, mailing costs, consultant fees and other professional services the city may need to retain in reviewing permits or applications.
(K) No variance application shall be accepted by the Zoning Administrator from a contractor or property owner having outstanding violations. Variances can only be requested by contractors or property owners with outstanding violations upon resolution of the violation to the satisfaction of the Planning Commission.
(L) No variance application shall be accepted by the Zoning Administrator for a property located within the floodplain, until the applicant demonstrates that all required state and federal permits have been obtained. The applicant shall submit a copy of all required state and federal permits to the Zoning Administrator concurrently with the required variance application form, fee and all other required application materials.
(M) No variance shall permit a lower degree of flood protection than required under state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied for all properties located within floodplain which are the subject of a variance considered under this section.
(1) Variances shall not be issued if any increase in flood levels during the base flood discharge would result.
(2) Variances shall only be issued if it is determined by the Board of Adjustment that the granting of the variance will not result in increased flood heights.
(3) Variances shall be issued only upon the determination by the Board of Adjustment that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(N) The Zoning Administrator must notify the applicant for a variance that:
(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(2) The construction below the base or regional flood level increases risks to life and property. The notification must be maintained with a record of all variance actions.
(O) Failure by the owner to act within 12 months on a variance unless extended by the Board of Adjustment shall void the variance. A second extension shall require a new public hearing. This provision shall apply to any variance outstanding at the time of the ordinance adoption.
(P) A variance application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.
(Q) Violations of the conditions of a variance shall void the variance.
(R) (1) Appeals of an action of the Board of Adjustment shall be filed with the City Administrator for consideration and action by the City Council within 30 days of action by the Board of Adjustment.
(2) Appeals from the action of the City Council shall be filed with the District Court within 30 days after Council action.
(S) The variance shall be filed with the County Recorder within 45 days of approval.
(T) Decisions of variances granted to properties within floodplain shall be forwarded by mail to the DNR within ten days of the action by the Board of Adjustment.
(Ord. 332, passed 5-19-2008; Ord. 359, passed 8-6-2012)