(A) Purpose. Pursuant to M.S. § 462.357, Subd. 6, as it may be amended from time to time, the City Council, acting as a Board of Appeals and Adjustments, may issue variances from the provisions of this zoning code. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property.
(B) Review standards.
(1) Variances shall only be permitted:
(a) When they are in harmony with the general purposes and intent of the chapter; and
(b) When the variances are consistent with the Comprehensive Plan.
(2) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code. Practical difficulties, as used in connection with the granting of a variance, means that:
(a) The property owner 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 not created by the landowner;
(c) The variance, if granted, will not alter the essential character of the locality;
(d) Economic considerations alone do not constitute practical difficulties; and
(e) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(C) Conditions. The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. No building permit may be issued except in compliance with the conditions of the variance.
(D) Variances for communication towers.
(1) Initial criteria. The City Council may grant a variance to the setback, separation or buffer requirements, and/or maximum height provision of this subdivision based on the criteria set forth elsewhere in this chapter.
(2) Additional criteria. In addition to taking the criteria set forth in § 152.1026 into consideration, the City Council may also grant a variance if the applicant demonstrates with written or other satisfactory evidence that:
(a) The location, shape, appearance or nature of the use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located;
(b) The variance will not create a threat to the public health, safety, or welfare;
(c) If the request is for a modification to the setbacks, the size of the parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to residentially zoned land;
(d) If the request is for a modification of separation requirements, the applicant must provide technical evidence from an engineer that the proposed tower and antennas must be located at the proposed site in order to meet the coverage needs of the applicant's wireless communications system. The applicant must also submit a landscape plan showing buffers to screen the tower base from being visible from a residential area; and
(e) If the request is for modification of the maximum height limit, the applicant must provide evidence documented by a qualified professional engineer licensed by the State of Minnesota, showing the modification is necessary to facilitate collocation of telecommunication antennas and ground equipment to avoid the construction of a new tower, or to meet the coverage requirements of the applicant's wireless communications system.
(Ord. 2024-1304, passed 7-29-24)