(a) Purpose. Zoning variances provide a means to approve deviation from zoning requirements where practical difficulties exist because of conditions or circumstances unique to an individual property. The purpose of this section is to establish the procedures for requesting and the requirements for issuing a zoning variance.
(b) Authority. The Planning Commission will serve as the board of appeals and adjustments pursuant to the provisions of M.S. §§ 462.354, subd. 2; 462.357, subd. 6; and 462.359, subd. 4, as they may be amended from time to time.
(c) Where required. Prior to any city approval of an application that does not meet the standards of Chapter 21 of the city code, the Planning Commission, or the City Council in the case of an appeal, must approve a zoning variance unless the city code provides an alternative means of deviation.
(d) Initiation. A variance application must be initiated by the owner of land upon which a variance is proposed. If originally denied, a variance application for the same item may not be resubmitted until one year after the original denial.
(e) Review, approval, and appeal of Planning Commission decision. Zoning variances must be acted upon by the Planning Commission. If the Planning Commission action results in a tie vote, or if the approval or denial action is not consistent with the staff recommendation, the variance application is automatically sent to the City Council for final action. The Planning Commission must hold a public hearing. The applicant of a member of the public may appeal the decision of the Planning Commission to the City Council by submitting an appeal request with supporting materials within three business days of the Planning commission decision. The appellant will be given the opportunity to present their case in front of the City Council. If the variance application is related to an associated rezoning, Comprehensive Plan amendment, or other application that requires City Council action, the City Council must act on the variance application. When the City Council must act on a variance application, the Planning Commission must make a recommendation.
(f) Conditions of approval. The entity empowered to take action on a given variance application may impose conditions in the granting of a variance. A condition must be related to and must bear a rough proportionality to the impact created by the variance.
(g) Findings.
(1) Zoning variances may only be approved when:
(A) The variance is in harmony with the general purposes and intent of the ordinance;
(B) The variance is consistent with the Comprehensive Plan;
(C) The applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute practical difficulties;
(D) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
(E) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
(F) The variance if granted will not alter the essential character of the locality.
(h) If one or more required findings for the approval of variance applications under subsection (g) is for any reason held invalid, such invalidation will cause § 21.501.10(g) as a whole to be invalid until amended. The Planning Commission and City Council declare that, if one or more variance criteria are found to be invalid, it would have adopted the standard or requirement from which a variance was sought without causing variances to become easier to obtain.
(i) Recording. A certified copy of the resolution approving a zoning variance must be recorded with the county.
(k) Use variance prohibited. No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located.
(l) Content. Zoning variance applications must include the following information, unless exempted by the Planning Manager:
(1) An application form and the signed consent of the property owner(s) or authorized representative.
(2) The required application fee as set forth in City Code Appendix A.
(3) Written documentation that includes:
(A) A complete project description;
(B) Specific provisions of the Zoning Code involved and the variance request details; and
(C) Why and how the request meets each of the variance findings in subsection (g) above.
(4) Scaled floor plan, site plan, and building elevations (where applicable).
(5) Certified survey showing the existing conditions on the property (if setback related).
(m) Notice. In addition to the notice requirements of § 21.502.01, if the application pertains to a variance within the Floodplain District, notice must also be given to the Minnesota Department of Natural Resources at least ten days prior to the date of the hearing.
(n) Expiration.
(1) Unless otherwise specified by the City Council at the time it is authorized, a variance will expire if the variance or conditional use permit is not utilized through obtaining a building permit or otherwise, one year from the date of its authorization.
(2) In the event that building plans or site plans are required to be approved by the Planning Commission or City Council before a building permit can be issued, such approval will have the effect of extending the term of the variance for a period of one year beyond the date of approval of such building or site plans.
(3) In the event that a change in use or a change in the application of the variance to the use or property occurs as a result of action by the occupant or owner or the application of the variance ceases for a continuous period of one year, the variance is considered expired and any subsequent use of the premises must be in conformance with the use regulations for the zoning district in which the property is located.
(4) A variance granted for a nonconformity expires when the nonconformity is discontinued as described in the definition in § 21.504(b).
(Ord. 2024-28, passed 11-18-2024)