(A) Criteria for granting variances may only be in accordance with M.S. Chapter 462, as it may be amended from time to time, as applicable. A variance to the provision of the zoning ordinance may be issued to provide relief to the landowner in those zones where the chapter imposes. A landowner must meet the following requirements in order to be granted a variance.
(1) The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.
(2) The plight of the landowner is due to circumstances unique to the property not created by the landowner.
(3) The deviation from this chapter, with any attached conditions, will still be in keeping with the spirit and intent of the chapter.
(4) The variance will not create a land use not permitted in the zone.
(5) The variance will not alter the essential character of the city/locality.
(6) The variance is not for economic reasons alone.
(B) The person applying for a variance shall fill out and submit to the Zoning Officer a completed variance application form, any additional information reasonably requested by the Planning Commission or the Zoning Officer and a fee to be set by the City Council by ordinance. If the work will not be completed in one year, the applicant shall submit a time schedule for completion of the work. The Zoning Officer shall determine if the application is complete prior to referring the application to the Planning Commission along with a staff report. The Planning Commission shall review the application; make findings of fact and recommendations. The Commission’s recommendation shall be presented to the City Council, acting in its capacity as the Board of Adjustment.
(C) The Board of Adjustment shall hold a public hearing on the proposal after notification of the date, time, and place of the hearing is published in the city’s official newspaper at least ten days before the hearing. In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail. The petitioner or his or her representative shall appear before the Board of Adjustment in order to answer questions concerning the proposed variance. The Board of Adjustment shall make findings of fact and approve or deny a request for a variance within 60 days after receipt of the complete application. A variance of this chapter shall be made by simple majority vote. If it grants the variance, the City Council, acting in its capacity as the Board of Adjustment, may impose conditions (including time limits) it considers necessary to protect the public health, safety, and welfare, and such conditions may include a time limit for the use to exist or operate. No variance shall be granted which would allow any use that is prohibited in the zoning district in which the subject property is located.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)