(A) Purpose. The City Council may, after review and recommendation by the Board of Appeals and Adjustments, grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of this ordinance. The City Council shall not, however, grant variances from certain provisions of this chapter as specifically prohibited by M.S. § 462.358, subd. 3B.
(B) Filing a petition. A petition for a variance or waiver of platting shall be filed with the city and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for the variance or waiver. The petition shall also include the name and address of each affected property owner of directly abutting property along the side of the property under consideration.
(C) Referral to the Board of Appeals and Adjustments. Before authorization of any variance or waiver of platting, the request shall be referred to the Board of Appeals and Adjustments for study concerning the effect of the proposed variance or waiver of platting upon the comprehensive plan and on the character and development of the neighborhood and for its recommendation to the Council in connection with the request. The Board shall make its recommendation within 90 days after the request is referred to it and after that time, the City Council may act without the recommendation from the Board. The Board may recommend conditions related to the variance or waiver request regarding the location, character and other features of the proposed building structure or use as it may deem advisable.
(D) Issuance. The Board of Appeals and Adjustments may hold a public hearing on the variance or waiver request if they deem it necessary or advisable. The procedures for the notice and public hearing shall be the same as that described in § 155.400(D) of the city’s zoning chapter, except that the public hearing shall be held by the Board. If the City Council shall determine that the special conditions applying to the structures or land in question are particular to the property and do not apply generally to other land or structures in the district in which the land is located, and that the granting of the proposed variance or waiver will not be contrary to the intent of this chapter and the comprehensive guide plan and that the granting of the variance or waiver will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardships or difficulties, the Council may grant the variance or waiver and impose certain conditions and safeguards therein.
(E) Referral back to the Board of Appeals and Adjustments. The City Council may refer any variance or waiver petition back to the Board of Appeals and Adjustments for further review and recommendation.
(F) Denial. Variances or waivers may be denied by the City Council and the denial shall constitute a finding and determination that the conditions required for approval did not exist. The city shall not accept a petition for a variance or waiver that has been previously denied for a period of one year after denial by the City Council.
(G) Lapse of variance. A variance or waiver becomes void one year after it was granted unless made use of within the year or the longer time period as the City Council may provide.
(‘81 Code, § B1-50) (Ord. 293, passed 4-21-83)