(a) Purpose and intent. Pursuant to M.S. § 462.358, subd. 6, as it may be amended from time to time, cities may vary and platting regulations where an “unusual hardship” exists subject to “specific grounds set forth in the regulations.” The purpose of this section is to establish the “grounds” upon which a platting variance may be issued and the procedures for applying for a platting variance.
(c) Review and approval. Platting variances must be reviewed and acted upon by the City Council. Planning Commission review of and recommendation on platting variances is required only for deviations from the platting standards of Chapter 22, Division D.
(d) Findings. The City Council must make the following findings prior to approval of any platting variance:
(1) An unusual hardship exists that justifies the platting variance;
(2) The unusual hardship is not the result of actions of the applicant;
(3) The platting variance requested is the minimum variance necessary to address the unusual hardship;
(4) The platting variance will not conflict with the purpose and intent of the city code; and
(5) The platting variance will not have a substantially detrimental impact on neighboring property owners or the public welfare.
(e) Expiration. Platting variances expire if the approved preliminary or they correspond with expires. In the event that a platting variance does not correspond with an approved preliminary or , the platting variance expires one year after approval if the platting variance is not acted upon in a method relevant to the approved variance as determined by the , including, but not limited to: conveying the property, applying for a building permit or other relevant method.
(f) Reapplication. If the City Council denies a platting variance application, an applicant may not resubmit an application for the same platting variance on the same property until one year passes after the denial.
(g) Content. Platting variance applications must include the following items:
(1) An application form signed by the property owner(s) or authorized representative;
(2) The required application fee (see city code § 22.08(c));
(3) Written documentation that includes:
(A) A complete description of the requested platting variance;
(B) A discussion of how the applicant believes the application meets the required findings; and
(C) Any supporting information.
(4) If relevant to the requested platting variance, plans or an accompanying application for platting that fully depicts the proposed conditions.
(h) Process and fees. See § 22.08(c).
(Ord. 2011-6, passed 2-28-2011; Ord. 2013-2, passed 2-25-2013)