(A) Appeals. The City Council shall be the Planning Commission and shall act upon any and all of the following items.
(1) The City Council shall act as an appeal authority on all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and shall hear and make recommendation on appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing this chapter. Such appeal may be taken by any person aggrieved or by any officer, department board, or commission of the city. The recommendations on appeals are forwarded to the City Council for approval or denial at their next available Council meeting.
(2) The City Council shall conduct hearings on a request for a variance to the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, or shallow lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other uses except as specifically described. The Council shall have the authority to grant or deny any such variance request by a majority vote of the Council.
(3) The City Council’s decisions shall be final except on appeal to the District Court.
(B) Variances.
(1) Applications. Application for variances shall be filed with the Zoning Administrator who shall forward to the Planning Commission/Board of Adjustment:
(a) A copy of the application and additional information determined by the Zoning Administrator to be pertinent to the application; and
(b) A certificate of survey shall be required showing:
1. Property boundary with dimensions shown including square footage of parcel;
2. Buildable area;
3. Location, size and height dimensions of all existing and proposed structures/additions;
4. Location of all wells (existing and proposed) and septic systems;
5. Location and size of all existing and proposed driveways, roads and easements;
6. Nonconforming structure setbacks including all pertinent dimensions;
7. Two foot contours;
8. Existing and proposed impervious surface calculations;
9. Bluff or steep slopes;
10. Ordinary high water elevation;
11. Delineated wetlands;
12. Stormwater management plan according to § 154.119 of this chapter; and
(c) The Zoning Administrator shall have the discretion to determine whether an application may be forwarded to the Board of Adjustment without an accompanying certificate of survey. A determination by the Zoning Administrator that a certificate of survey is not necessary shall be made in writing by the Zoning Administrator.
(2) Public hearing. Acting in its capacity as the Board of Adjustment, the Planning Commission/Board of Adjustment shall hold at least one public hearing on an application for a variance pursuant to M.S. § 462.357, Subd. 3, as it may be amended from time to time. and its adopted rules of business. The Planning Commission/Board of Adjustment may hold additional public hearings when it determines that such hearings will be in the public interest.
(3) Delayed action. In considering the application for a variance, the Planning Commission/Board of Adjustment may adjourn the hearing to a future time and defer action or consideration until further information desired from the applicant is submitted. The applicant shall be notified in writing of the information needed or reason for tabling the item. The provisions for action on an application shall be in compliance with M.S. § 15.99, as it may be amended from time to time.
(4) Variance criteria. Variances may only be granted in accordance with M.S. § 462.357, Subd. 6(2), as it may be amended from time to time. No variance shall be granted that would allow any use that is prohibited in the land use district in which the subject property is located. In considering a variance request, the Board of Adjustment must consider whether a practical difficulty exists by considering the following factors:
(a) Is the variance request in harmony with the purposes and intent of the land use ordinance?
(b) Is the variance consistent with the comprehensive plan?
(c) Is the property owner proposing to use the property in a reasonable manner not permitted by the land use ordinance?
(d) Is the need for a variance due to circumstances unique to the property and not created by the property owner?
(e) Will the issuance of a variance maintain the essential character of the locality?
(f) Does the need for a variance involve more than economic considerations?
(5) Conditions may apply.
(a) If the variance criteria in subsection (4) above have been met, the Planning Commission/Board of Adjustment, in approving any such application, may require additional conditions and mitigating requirements to protect the public health, safety, or the environment, as may be reasonable under all circumstances concerned therewith, to be imposed as a condition for granting of the permit that shall fulfill the purposes of this chapter. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Such conditions may include, but are not limited to, the following:
1. Mitigation actions to off-set environmental consequences of variance approval;
2. Increased setbacks from the ordinary high water level;
3. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;
4. Special provisions for the location, design, size and use of allowed structures, sewage treatment systems, and vehicle parking areas; and
5. Performance security.
(b) The department may conduct follow-up inspections as necessary to insure that the conditions established by the Board of Adjustment are met.
(c) Failure to comply with variance conditions as imposed by the Planning Commission/Board of Adjustment is a violation of this chapter.
(6) Variance decision. After reviewing the application, considering all pertinent facts, and hearing testimony at the public hearing, the Planning Commission/Board of Adjustment may approve, deny, or modify the variance request. The Planning Commission/Board of Adjustment shall prepare written findings of fact to support its decision. A copy of the decision and findings of fact shall be forwarded to the applicant via U.S. mail. If the variance is approved, the Zoning Administrator shall cause a copy of the variance to be recorded with the land records for the subject property in the Office of the County Recorder. A copy of the final decision granting a variance within a shoreland area shall be sent to the Commissioner of the Department of Natural Resources within ten days of final action.
(Prior Code, § 13.09) (Ord. 2019-05, passed 10-28-2019)