Any person desiring to erect or increase the height of any structure, permit the growth of any tree or use his or her property not in accordance with the regulations prescribed in this chapter may apply to the Board of Adjustment, hereinafter provided, for a variance from the regulations. The Zoning Administrator or the Board of Adjustment may request review of a variance application by the MN/DOT Airport Zoning Administrator prior to making a decision. If a person applies for a variance by certified mail to the members of the Board and the Board fails to grant or deny the variance within four months after the last member receives the application, the variance shall be deemed granted by the Board. When the variance is granted by reason for the failure of the Board to act on the variance, the person receiving the variance shall notify the Board and the Commissioner, by certified mail, that the variance has been granted. The applicant shall include a copy of the original application for the variance with this notice to the Commissioner. The variance shall be effective for 60 days after this notice is received by the Commissioner subject to any action taken by the Commissioner pursuant to M.S. § 360.063, subd. 6a. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest, but do substantial justice and be in accordance with the spirit of this chapter; provided any variance so allowed may be subject to any reasonable conditions that the Board of Adjustment or Commissioner may deem necessary to effectuate the purposes of this chapter.
(Ord. passed 11-2-20)