(A) Variances shall only be granted where an unusual hardship on the land exists. Variances shall only be approved for instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Variances shall only be granted when it is demonstrated that granting of the variance will be in keeping with the spirit and intent of this chapter.
(B) Variances shall not create a use not provided for in a zoning district.
(C) Variances shall run with the property and shall be transferable with the property. Variances shall not be transferred to other properties.
(D) Variances shall run with the property for structures or other specified uses after a public hearing. All applications for a variance shall be submitted to the Zoning Administrator 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application. The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice at least ten days in advance of this hearing to the DNR if the proposed is in shoreland. At the applicant’s option, the applicant may request a sketch plan review with no action by the Board of Adjustment and with no fee by giving 14 days notice thereof to the Zoning Administrator, meeting time permitted.
(E) The applicant shall complete the variance application approved by the Board of Adjustment. The application shall contain submittal requirements, criteria for approval, procedure for consideration and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.
(F) Variances shall be decided within the required time frame with consideration for the following:
(1) The applicant establishes that there are practical difficulties, as defined in this chapter, in complying with the official control;
(2) The plight of the landowner is due to circumstances unique to the property not created by the landowner;
(3) The strict interpretation of this chapter would be impractical because of circumstances relating to lot size, shape, topographic or other characteristics of the property not created by the land owner;
(4) The deviation from this chapter with any attached conditions will still be in keeping with the spirit and intent of this chapter and the Comprehensive Plan;
(5) The variance will not create a land use not permitted in the zone;
(6) The variance will not alter the essential character of the locality; and
(7) The variance is not for economic reasons alone, but reasonable use of the property does not exist under this chapter.
(G) The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(H) When costs to the city involved in processing and reviewing an application exceeds the original application fees, the applicant shall reimburse the city for any additional costs. Such expenses may include, but are not limited to, payroll, mailing costs, consultant fees and other professional services the city may need to retain in reviewing permits.
(I) No variance application shall be accepted by the Zoning Administrator from a contractor or property owner having outstanding violations. Variances can only be requested by contractors or property owners with outstanding violations upon resolution of the violation to the satisfaction of the Planning Commission.
(J) Failure by the owner to act within 12 months on a variance unless extended by the Board of Adjustment shall void the variance. A second extension shall require a new pubic hearing. This provision shall apply to any variance outstanding at the time of this chapter adoption.
(K) A variance application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.
(L) Violations of the conditions of a variance shall void the variance.
(M) Appeals from the action of the City Council shall be filed with the District Court within 30 days after Council action.
(N) The variance shall be filed with the County Recorder within 45 days.
(Ord. 906-2011, passed - -2011)