Subd. 1. Variances.
A. Procedure. The procedures for obtaining a variance from the regulations of this chapter are as follows:
1. The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.
2. The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator and shall pay a filing fee, as established from time to time by the City Council.
3. The Zoning Administrator shall schedule the application for review by Planning Commission and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question; provided however, failure of any property owners to receive such notification shall not invalidate the proceedings.
4. The Zoning Administrator shall set the date for a public hearing and shall have the notice of such hearing published at least once in the legal newspaper, not less than ten days prior to the hearing.
5. The Board of Adjustment shall hold a public hearing on the proposed variance and shall make a decision within 30 days after the public hearing. It shall take one of three actions: approval, denial, or approval with special conditions.
6. No application by a property owner for a variance shall be submitted to the Board of Adjustment within a six-month period following a denial of such a request, except the Board may permit a new application, if in the opinion of the Board, new evidence or change of circumstances warrants it.
7. All appeals from the decision of the Board of Adjustment relating to variances shall first be presented to the City Council, and shall be filed in writing with the City Council within 30 days of the action of the Board of Adjustment. Any further appeals may then be directed to a court of competent jurisdiction; any such appeal must be filed within 30 days of the City Council's final action.
8. The Board of Adjustment may impose such restrictions and conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.
B. Exhibits to accompany application.
1. A preliminary building and site development plan is required to be submitted when applying for a variance. The Board of Adjustment or City Council may also require a boundary survey of the property.
2. Evidence of ownership or enforceable option on the property shall be required to be submitted when applying for a variance.
C. Criteria.
1. The Board of Adjustment, consistent with the authority granted by law, may grant a property owner a variance from compliance with the literal provisions of this chapter in an instance where strict enforcement would cause practical difficulties to the individual property owner and when it can be demonstrated that such action will be in keeping with the spirit and intent of this chapter.
2. The term "practical difficulties" means that the:
a. Property owner purposes to use the property in a reasonable manner that is not otherwise permitted; and
b. The plight of the property owner is due to circumstances unique to the property, not created by the property owner; and
c. The variance, if granted, will not alter the essential character of the locality.
d. Economic considerations alone do not constitute practical difficulties. "Practical difficulties," for the purposes of this section, also means and includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.
D. Notwithstanding a finding that practical difficulties exist, the Board of Adjustment may not permit as a variance any use that is not permitted under the provisions of this chapter for property in the zone where the land for which the variance is sought is located.
E. In its consideration of a variance request the Board of Adjustment shall consider the following questions:
1. Whether or not exceptional, unique or extraordinary circumstances apply to the physical surrounding, shape or topographic conditions of the parcel of land which results in practical difficulties for the owner.
2. Whether or not the variance requested will alter the essential character of the locality.
3. Whether or not granting the variance requested will:
a. Impair an adequate supply of light and air to adjacent property;
b. Substantially increase congestion in adjacent public streets;
c. Endanger the public safety;
d. Substantially diminish or impair property values within the vicinity.
4. Whether the variance requested is the minimum variance which would alleviate the practical difficulties.
5. Whether or not the variance requested is consistent with the intent of this chapter and the city's comprehensive plan.
6. Whether or not the variance requested provides for a reasonable and practical solution that eliminates the practical difficulties.
F. The Board of Adjustment, in granting a variance, may impose additional conditions to ensure compliance with its decision and protect adjacent properties. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.
(Ord. 699, passed 1-18-22)