A. Creation; Membership; Authority:
1. Established: A Board of Adjustment is hereby established and vested with such authority as provided by Minnesota Statutes Annotated section 394.27, as amended.
2. Membership; Term: The Board of Adjustment shall be comprised of five (5) members, each appointed to serve a three (3) year term of office. No one member shall serve more that three (3) consecutive three (3) year terms on the Board of Adjustment. Appointments of less than three (3) years may be made to fill vacancies for unexpired terms. All appeals shall be in accordance with the procedures and standards of Minnesota Statutes Annotated section 394.27, and the additional procedures as prescribed in subsection C of this Section.
B. Variances; Findings And Standards:
1. Power To Authorize: The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Title as will not be contrary to the public interest and only for those circumstances provided for in Minnesota Statutes Annotated chapter 394.
2. Specific Conditions: In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that exist consistent with the criteria specified in Minnesota Statutes Annotated chapter 394 which justify the granting of the variance.
3. Effect Of Variance: No variance shall have the effect of allowing in any district a use that is not permitted, either by right or condition, or a use that is specifically prohibited in that district, nor shall any variance permit a lesser degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lesser than those required by State law.
4. Considerations: In considering a variance request, the Board of Adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
5. Conditions: Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest.
6. Shoreland Districts: For existing developments within the shoreland districts, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, as issued, must require reconstruction of a nonconforming sewage treatment system.
7. Compliance With Statute: The Board of Adjustment shall not grant a variance unless it finds at a public hearing that the standards of Minnesota Statutes Annotated section 394.27, subsection 7 have been met.
8. Flood Insurance Notice And Record Keeping: The Zoning Administrator shall notify the applicant for a variance that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
b. Such construction below the 100-year or regional flood level increases risks to life and property.
Such notification shall be maintained with a record of all variance actions. The County shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
C. Appeals Procedure:
1. Application For Appeal:
a. Time Limitation: Any application for appeal from any order, requirement, decision, or determination of any administrative official shall be made to the Board of Adjustment within thirty (30) days from the date of the order, requirement, decision or determination being appealed.
b. Form: Application for any appeal permissible under the provisions of this subsection shall be made to the Board of Adjustment in the form of a written application.
c. Hearing Required: Upon receipt of any application the Zoning Administrator shall set a time and place for a public hearing before the Board on such application.
d. Notice Of Hearing:
(1) Publication: At least ten (10) days before the date of the hearing, a notice of the hearing shall be published once in the official newspaper and the newspaper of general circulation.
(2) Department Of Natural Resources: In such cases where the application involves construction in shoreland or flood plain areas, the Department of Natural Resources shall be notified of such hearing and a copy of the application forwarded to the Commissioner at least ten (10) days prior to the hearing date.
2. Action By Board Of Adjustment:
a. Time Limitation: The Board of Adjustment shall thereupon make its decision upon the application within ten (10) days of the close of the public hearing.
b. Conditions On Variance: In recommending a variance under the provisions of this Chapter, the Board of Adjustment shall designate such conditions in connection therewith as well, in its opinion, secure substantially the objectives of this Title, regulation or provision to which the variance is granted.
c. Notice Of Decision: A copy of the decision shall be sent to the applicant, to the Department of Natural Resources within ten (10) days of the decision (when variances are granted in flood plains or shorelands) and be recorded in the County Recorder's Office.
3. Public Meetings: The Board of Adjustment is also charged with the duty of holding public meetings to make decisions regarding the conveyance of rights for development of nonfarm residential property when ownership within a quarter-quarter proposed for development is split. Approval of such conveyance agreements must be made by the Board of Adjustment prior to the initiation of any other required procedures. (Amd. Ord., 5-25-1993; amd. 2000 Code)