(A) Prior to submission of a variance application, the person applying for a variance shall submit a concept plan and meet with the Department to discuss the application. Through the pre-application, the Department may summarize the informational requirements and issues related to the specific variance request.
(B) Application. The person applying for a variance shall submit to the Department a completed variance application stating the practical difficulty present, and provide all other information required by the Department. The Department shall prepare a report and refer the application to the County Board of Adjustment for consideration.
(C) Public hearing. The Board of Adjustment shall hold a public hearing on the request pursuant to § 152.285.
(D) Grounds for variance. The Board of Adjustment shall have the exclusive power to order the issuance of variances from the requirements of any official control including restrictions placed on nonconformities. Variances shall be granted in accordance with M.S. Chapter 394, as it may be amended from time to time, in cases where the applicant establishes that there is a practical difficulty in the way of carrying out the strict letter of any official control.
(1) A variance shall only be permitted when the following can be found as fact:
(a) The variance is in harmony with the general purpose and intent of the official control.
(b) The variance is consistent with the intent of the comprehensive plan.
(2) In addition, a variance may be granted when the applicant establishes a practical difficulty in complying with the official control. A practical difficulty is established when the following items are found as fact:
(a) The property owner proposes to use the property in a reasonable manner not permitted by an official control.
(b) The plight of the landowner is due to circumstances unique to the property, not created by the landowner.
(c) The variance will not alter the essential character of the locality.
(d) The practical difficulty includes more than economic considerations alone.
(E) In consideration of an after-the-fact variance request, and in addition to the criteria listed in § 152.215(D), the Board of Adjustment shall take into consideration and weigh the following:
(1) Whether or not the applicant acted in good faith or attempted to comply with this chapter.
(2) Whether a substantial investment of money has been made.
(3) Whether the construction is fully completed.
(4) Whether there are similar structures or similarly situated structures in the area.
(5) Whether the benefit to the county is outweighed by the burden on the applicant, if the applicant is required to comply with this chapter.
(F) Other provisions related to variances.
(1) 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.
(2) Inadequate access to direct sunlight for solar energy systems is considered a practical difficulty.
(3) Variances shall be granted for earth shelter construction as defined in M.S. § 216C.06, subd. 14, when in harmony with the official controls.
(4) The Board of Adjustment may impose conditions on the granting of any variance pursuant to § 152.216(B).
(5) Granting of the variance shall not have the effect of violating a state or federal rule or law.
(8) That the granting of the variance will not materially, adversely affect the health or safety of persons residing or working in the area adjacent to the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the area adjacent to the property of the applicant.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)