A. Purpose: The purpose of this section is to provide for variations from the literal provisions of this title in instances where strict enforcement would cause practical difficulties because of conditions affecting the individual property under consideration, and to grant such variances only when it is demonstrated that such actions would be in keeping with the spirit and intent of this title.
B. Review Criteria: The council shall not approve a variance unless they find that failure to grant the variance will result in practical difficulties to the applicant, as defined by Minnesota statutes 462.357. The burden of proof is on the applicant to show that all of the following criteria have been met:
1. That there are practical difficulties in complying with the zoning ordinance.
2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner.
3. That the granting of the variation will not alter the essential character of the locality.
4. The proposed variance would be in harmony with the general purposes and intent of the ordinance.
5. The variance is consistent with the comprehensive plan.
6. The city may impose conditions on the variance to address the impact of the variance.
C. Process: An application for a variance shall be approved or denied pursuant to Minnesota statutes 462.358. Additional city requirements are as follows:
1. Requests for a variance to the provisions of this title shall be filed with the planning and zoning administrator on an official application form. Such variance application shall be considered simultaneously with an application for subdivision approval. A fee as set forth by this code shall accompany such application.
D. Expiration: A variance approved under this section shall expire without further action by the planning commission or the council, at such time as the related subdivision approval expires. (Ord. 2014-02, 2-18-2014)