(A) Authority. The City Council shall have authority, consistent with this section, to grant variances from the requirements of this section.
(B) Application. Any person seeking a variance shall file an application with the City Administrator on a form prescribed by the City Administrator. The application shall state the dates during which the variance is proposed, the location of the noise source and times of operation, the nature of the noise source, reasons why the variance is sought, steps taken to minimize the noise level, and such other information as is required by the City Administrator. If the application is for a variance for more than 3 days, the City Administrator shall give mailed notice of the requested variance to all property owners within 500 feet of the noise source. Any person claiming to be adversely affected by the variance applied for may, within 10 days of mailing of the notice, file a statement with the City Administrator in support of his or her claim.
(C) Action on application. If the City Administrator finds that sufficient controversy exists regarding the proposed variance, he or she may refer the proposal to the City Council which shall hold a public hearing on the proposal at which all persons affected shall be given an opportunity to be heard. The City Council shall also hold such a hearing upon request of the applicant or any person claiming to be adversely affected by the variance applied for. Within 90 days of receipt of the application, the City Administrator, or City Council if there is a hearing, shall approve or deny the application. It may be approved only if the City Administrator or City Council finds that full compliance with requirements of this section would constitute an unreasonable hardship on the applicant, on other persons or on the community. In determining whether to grant or deny the application, the City Administrator or City Council shall balance the hardship to the applicant against the adverse impact on the health, safety, and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance. The variance may be granted subject to conditions, including a time limit which shall be clearly stated.
(Prior Code, § 19.065, Subd. 9) (Ord. 491, passed 4-26-1999)