(A) Purpose and intent. The variance process is intended to provide limited relief from the requirements of this chapter in those circumstances where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this chapter. It is not intended that variances be granted for the establishment or expansion of a use within a zone district where it is not permitted.
(B) Initiating a request. Any person owning property, or having documented interest therein, may initiate a request for a variance for that property in conformance with the provisions of this chapter. The property owner or designated representative shall complete the required application for a variance which may be obtained from the Zoning Administrator.
(C) Filing an application.
(1) The property owner or designated representative shall complete the required application for a variance which may be obtained from the Zoning Administrator. Such application shall be accompanied by a fee as established by the City Council. The application for a variance shall be filed with the Zoning Administrator. The Zoning Administrator, after review of the application, shall have the authority to request additional information from the applicant which is deemed necessary for a proper review by the Board of Adjustment and Appeals. The request for a variance shall be placed on the agenda of the Board of Adjustment and Appeals to occur no later than 60 days from the date of submission.
(2) Variance requests for the same property, of similar intent, shall not be heard within six months of a previous request unless it can be demonstrated to the Zoning Administrator that the conditions for the variance have changed.
(D) Public hearing. Upon receipt of an application for a variance, the Zoning Administrator shall set the time and date for the public hearing. Notice of said hearing shall consist of a legal property description and a summary description of the request, published in a newspaper of general circulation at least ten days prior to the hearing. In the case of variances affecting an area of five acres or less, a written notice of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the property to which the variance relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(E) Consideration of request by Board of Adjustment and Appeals.
(1) The Board of Adjustment and Appeals shall make findings of fact and shall decide whether to approve, conditionally approve or deny the request for variance within 60 days from the date an application is received and deemed complete by the city. A variance to this chapter shall not be granted unless approved by a majority of the members of the Board of Adjustment and Appeals.
(2) A variance from any provision(s) within this chapter shall not be granted unless the Board of Adjustment makes findings, based upon competent material and substantial evidence that the request complies with the following factors that must be satisfied in constituting an undue hardship:
(a) The property cannot be put to a reasonable use if used under conditions allowed by this chapter;
(b) The plight of the landowner is due to circumstances unique to the property and not created by the landowner; and
(c) The variance, if granted, will not alter the essential character of locality.
(F) Conditions of approval. In authorizing a variance, the Board may, in addition to the specific conditions of approval called for in this chapter, attach such other conditions regarding the location, character, landscaping, or treatment reasonably necessary to further the intent and spirit of this chapter and the protection of the public interest.
(G) Cancellation, termination or expiration. Unless otherwise specified by the Board of Adjustment and Appeals at the time it is authorized, a variance shall expire if the applicant fails to utilize such variance within one year from the date of its issuance.
(H) Appeals.
(1) To appeal a decision of the Board of Adjustment and Appeals, a written notice of appeal must be filed with the city within 45 days of the decision of the Board of Adjustment and Appeals. Appeals to the City Council and appeals from the City Council's decision shall be in accordance with the procedures for appeals from the Board of Adjustment and Appeals set forth in § 153.025.
(2) Any person, taxpayer, department, board, or bureau of the city aggrieved by the decision of the City Council shall have the right to seek review within 45 days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly M.S. Ch. 462 as such statute may be from time to time amended, supplemented, or replaced.
(Ord. passed - -)