The City Council may approve a variance from these standards when, in its opinion, exceptional and undue hardship may result from strict compliance. In approving any variance, the City Council shall prescribe any conditions that it deems necessary to or desirable to the public interest.
(A) Approval. A variance shall only be approved when the City Council finds that each and every one of the following apply, unless one or more of the criteria are not applicable to the particular situation.
(1) Because of the physical surroundings, shape or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(2) The conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.
(3) The purpose of the variance is not based exclusively upon a financial hardship or a desire to increase the value or income potential of the parcel of land.
(4) The alleged difficulty has not been created by any persons having an interest in the parcel of land and is not a self-created hardship.
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.
(6) The variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety.
(7) The requested variance is the minimum action required to eliminate the hardship.
(B) Procedures.
(1) Requests for variances shall be filed with the city on an official application form at least 30 days in advance of the meeting at which it will be considered. The application shall be accompanied by a fee as provided for by City Council resolution. The request shall be considered officially submitted and the application approval timelines commence only when all the information requirements of this section are complied with and the required fees are paid.
(2) Pursuant to M.S. § 15.99, as it may be amended from time to time, an application for a variance shall be approved or denied by the City Council within 60 days from the date of its official and complete submission unless notice of extension is provided by the city or a time waiver is granted by the applicant. The city may extend the review and decisionmaking period an additional 60 days to the extent allowed by state law.
(3) The procedures for Planning Commission review and City Council consideration, as found in the process for filing and review section of the standards, shall be used for processing variances.
(4) Approval of a variance request by the City Council shall be by three-fifths vote of the full City Council.
(5) Whenever a variance has been considered and denied by the City Council, a similar application and proposal for the variance affecting the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial, except as follows:
(a) If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous variance application have changed significantly; and
(b) The City Council may reconsider the matter by a majority vote of the entire City Council.
(C) Appeals.
(1) Board designation. The City Council shall serve as the Board of Adjustments and Appeals.
(2) Applicability. An appeal shall only be applicable to an administrative order, requirement or interpretation of intent of provisions of these standards. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.
(3) Filing. An appeal from the action of an administrative officer of the city shall be filed by an officer, department, board or commission of the city or by a property owner or his, her or their agent with the city within ten business days after the making of the order, requirement or interpretation being appealed.
(4) Stay of proceedings. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustments and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property.
(5) Procedure. The procedure for making an appeal shall be as follows.
(a) An appeal shall be filed by an officer, department, board or commission of the city or a property owner or his, her or their agent with the city stating the specific grounds upon which the appeal is made. The application shall be accompanied by a fee as established by City Council resolution. In cases where the application is judged to be incomplete, the city shall notify the applicant, in writing, within ten business days of the date of submission.
(b) The city shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustment and Appeals.
(c) Pursuant to M.S. § 15.99, as it may be amended from time to time, the Board of Adjustment and Appeals shall make its decision by resolution within 60 days from the date on which a completed application is filed.
(d) The city shall serve a copy of the final order of the Board upon the applicant by mail.
(Prior Code, § 11-76-10) (Ord. 258, passed 5-4-2006)