A. Purpose: The purpose of this section is to provide for deviations from the requirements of this title, including restrictions placed on nonconformities.
B. Variance Procedure: An application for a variance shall be approved or denied pursuant to Minnesota statutes chapter 462.357.
1. Filing: A variance application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed project. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.
2. Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the variance application to the city staff and other applicable public agencies as needed in order to receive written comments. The planning and zoning administrator shall instruct the appropriate staff person to: a) coordinate an analysis of the application, b) prepare technical reports, and c) assist in preparing a recommendation to the planning and zoning commission and city council.
3. Public Hearing Notice: Upon completion of staff's analysis of the application, the planning and zoning administrator, when required, shall set a public hearing date for an upcoming planning and zoning commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the city's official newspaper, "The Brainerd Daily Dispatch", at least ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within five hundred feet (500') of the site at least ten (10) days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.
4. Planning And Zoning Commission Consideration: The planning and zoning commission shall consider the application, as follows:
a. The planning and zoning commission shall review the request and conduct the official public hearing. At the public hearing, all persons interested in the proposed project shall be heard.
b. The applicant or representatives thereof may appear before the planning and zoning commission to present information and answer questions concerning the proposal.
c. The planning and zoning commission and staff shall have the authority to request additional information from the applicant concerning the proposal, as deemed necessary to formulate a recommendation on the proposal.
d. The planning and zoning commission shall recommend approval of the application if it in all ways conforms to the city's comprehensive plan, zoning ordinance, this chapter and all chapters of this code. The commission shall also consider the following in making findings and recommendation to the city council:
(1) The variance, and its resulting construction or project, would be in harmony with the general purposes and intent of this chapter, and would be consistent with the comprehensive plan.
(2) The variance applicant has satisfactorily established that there are practical difficulties in complying with this chapter. The applicant must demonstrate that the following criteria have been met:
(A) The applicant proposes to use the property in a reasonable manner not permitted by this chapter;
(B) The plight of the landowner is due to circumstances unique to the property that were not created by the landowner; and
(C) The variance, if granted, would not alter the essential character of the locality.
(3) The variance request is not based exclusively upon economic considerations.
(4) The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood.
(5) The variance, and its resulting construction or project, would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood.
(6) The variance requested is the minimum action required to address or alleviate the practical difficulties.
5. City Council Consideration: The city council shall consider a variance application, as follows:
a. Upon receiving the reports and recommendations of the planning and zoning commission and staff, the city administrator shall schedule the application for city council consideration. The council shall have the option of receiving additional testimony on the matter if they so choose.
b. The council shall either approve or deny the application. Failure of the council to act within one hundred twenty (120) days of submission of the variance is deemed approval of such variance, unless the applicant agrees to an extension.
c. Approval of a variance by the city council shall require passage by a majority vote of all its members. The council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the city.
6. Effect Of Denial: If an application is denied by the city council, the planning and zoning commission or city council shall not consider a similar application for at least six (6) months from the date of its denial.
7. Expiration: Unless the Council specifically approves a different time period, the approval of a variance shall expire one year from the date it was approved, unless the applicant has commenced the authorized improvement or use; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: a) an explanation for why the variance has not been used, b) what, if any, good faith efforts have been made to use the variance, c) the anticipated completion date, and d) the signature of the applicant and property owner. The Planning and Zoning Administrator may approve up to two (2) such extensions of not more than one additional year per extension. Prior to granting any extensions, the approval shall be reviewed to ensure compliance with any recent Code or Comprehensive Plan updates.
8. Violation: A violation of any condition set forth in granting a variance shall be a violation of this title and automatically terminates the variance.
C. Information Requirement: An application for a variance shall be accompanied by documentation as required for a conditional use permit application under section 10-7-4 of this chapter, unless otherwise specified by the Planning and Zoning Administrator. (Ord. 2014-24, 10-21-2014)