A. Minor Variances:
1. Purpose: The purpose of this subsection is to provide for an expeditious method of processing variance requests.
2. Qualifications: Requests qualifying as minor variances must meet one of the following criteria:
a. Cases where hardship to existing buildings or platted property are created as a result of public action or change in city code standards (exception: shoreland and wetland regulations).
b. Structure or setback deviations which are characteristic of and common to neighboring uses and which do not exceed five feet (5').
3. Processing:
a. Requests for a minor variance shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee established by section 3-1-3 of the city code. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials necessary for the explanation of the request.
b. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and provide general assistance in preparing a recommendation on the action to the council.
c. The city shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this ordinance. Failure of any applicant to supply all necessary supportive information may be grounds for denial of the request.
d. The council shall review the application and may, upon its option, conduct a public hearing (no notice or publication required) on the request. The city council may also make a determination and require that the matter be processed as a major variance.
e. The applicant or a representative shall appear before the council in order to answer questions concerning the proposed variance request.
f. The council shall make findings of fact and shall decide whether to approve or deny a request for variance within forty (40) days after the public hearing on said request or forty (40) days after the date at which the matter was first considered.
g. A variance of this ordinance shall be granted by a majority vote of the council.
h. All decisions by the council involving a variance request shall be final; except, that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Wright County district court.
i. If a request for variance receives approval of the city council, the applicant shall record such with the county registrar of titles. The applicant, immediately upon recording such, or as soon as reasonably possible, shall furnish the city proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the city.
B. Major Variances:
1. Classification: All variances which are not classified as "minor" shall be deemed "major" variances.
2. Processing:
a. Request for variance, as provided within this ordinance, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee established by section 3-1-3 of the city code. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within three hundred fifty feet (350') of the subject property obtained from and certified by Wright County or the city. The request for variance shall be placed on the agenda of the first possible planning commission meeting occurring after twenty one (21) days from the date of submission. The request shall be considered as being officially submitted when all the information requirements are complied with.
b. Upon receipt of said application, the zoning administrator shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description of the request, and be published in the official newspaper at least ten (10) days prior to the hearing, and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the boundary of the property in question.
c. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this ordinance.
d. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the council.
e. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this ordinance. Failure of an applicant to supply all necessary supportive information may be grounds for denial of the request.
f. The applicant or representative thereof shall appear before the planning commission to answer questions concerning the proposed variance.
g. The planning commission shall make findings of fact and recommend approval or denial of the request. The planning commission shall reach a decision within sixty (60) days after the first regular meeting at which the variance request was considered by the commission. The commission's recommendation and the city staff's report shall be presented to the council.
h. The city council shall not grant a variance until they have received a report and recommendation from the planning commission or until sixty (60) days after the first regular planning commission meeting at which the request was considered.
i. Upon receiving the report and recommendation of the planning commission, the city administrator shall place the report and recommendation on the agenda for the next regular city council meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.
j. The council shall review the application and may, at its option, conduct a public hearing on the request.
k. The council shall make findings of fact and approve or deny a request for variance within sixty (60) days after receipt of the planning commission's recommendation.
l. A variance of this ordinance shall be granted by a majority vote of the council.
m. All decisions by the council involving a variance request shall be final; except, that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Wright County district court. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-3, 3-4-1996; 2005 Code; Ord. 2009-005, 3-2-2009)