(A) Purpose. The purpose of the variance provisions of this chapter is to provide for deviations or variations from the provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and when it is demonstrated that such actions would be consistent with the spirit and intent of this chapter and with the Comprehensive Plan. As used in connection with the granting of a variance, PRACTICAL DIFFICULTIES means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning code. Any use that is not allowed under this chapter for property in the zone where the affected person's land is located may not be permitted by a variance.
(B) Application. Application for a variance shall be made to the city on forms provided by the city. An application for a variance shall be accompanied by a fee as set forth in the City Code. The application shall also include written and graphic materials fully explaining the requested variance. The city may require that the applicant submit the following information before the application can be deemed complete:
(1) A certificate of survey or map of the property that shows all lot lines, existing and proposed structures, driveways and parking areas, significant topographical features, and significant trees;
(2) Evidence of ownership or an interest in the property and its legal description;
(3) A written description of the variance request, including an explanation of compliance with the variance criteria set forth in this chapter;
(4) Building floor plans, elevations, and sections;
(5) Grading and drainage plan; and
(6) Other information as may be required by the city.
(C) Notice.
(1) Pursuant to Minnesota Statute, an application for a variance shall be approved or denied within 60 days from the date of its official and complete submission. The 60 day review period can be extended an additional 60 days pursuant to M.S. § 15.99, as it may be amended from time to time. If the initial 60-day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.
(2) Upon receipt of a complete application, as determined by the city, and following preliminary staff analysis of the application, the city, shall refer the matter to the Planning Commission acting as a board of appeals and adjustments pursuant to M.S. § 362.357, Subd. 6(2) and establish a time for the hearing on the application. At least 10 days before the date of the meeting, a written notice of the meeting shall be published in the official newspaper and mailed to all owners of land within 350 feet of the boundary of the property in question.
(3) Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.
(D) Procedure.
(1) The Planning Commission shall not approve a variance application unless it finds failure to grant the variance will result in practical difficulties for the applicant and, as may be applicable, the following practical difficulty criteria shall be considered:
(a) Because of the particular physical surroundings, shape, or topographical conditions unique to the specific parcel of land involved, a practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(b) The property owner proposes to use the property in question in a reasonable manner not permitted by this chapter. Economic considerations alone (or desire to increase the value or income potential of the land) shall not constitute practical difficulties if reasonable use of the property exists under the terms of this chapter;
(c) The plight of the landowner is due to circumstances unique to the property not created by the landowner;
(d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity of the parcel or land, nor shall it alter the essential character of the locality;
(e) The proposed variance is in keeping with the spirit and intent of this chapter and thus approval of the variance will not:
1. Impair an adequate supply of light and air to adjacent property;
2. Substantially increase the congestion of the public streets;
3. Increase the danger of fire;
4. Endanger the public safety; or
5. Substantially diminish or impair property values within the neighborhood; or
6. Cause drainage issues for an adjacent property.
(2) Inadequate access to direct sunlight for solar energy systems may be considered a practical difficulty. Variances shall be granted for earth sheltered construction, as defined in M.S. § 216C.06, Subd. 14, when in harmony with this chapter.
(3) The city shall have the authority to request additional information from the applicant.
(4) The applicant or the applicant's representative may appear before the Planning Commission to present information and answer questions concerning the request.
(5) The Planning Commission shall issue its final decision granting or denying the request supported by findings of fact.
(6) In granting a variance, the Planning Commission, after considering the recommendations of the city staff, shall impose such conditions as it deems necessary to carry out the purpose of this chapter. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(E) Expiration. Any variance granted by the city shall run with the land and shall be perpetual. However, if no building permit has been issued or substantial work performed on the project within 1 year of approval, then the variance shall be null and void. The Planning Commission may extend the period for construction upon finding that the interest of the owners of neighboring properties will not be adversely affected by the extension. If the variance is part of an approved site and building plan, extension of the time for construction shall be contingent upon a similar extension of the time for the site and building plan by the Planning Commission as required by this chapter. Once the project is completed as approved, the variance becomes perpetual.
(F) Specific project. A variance shall be valid only for the project for which it was granted. Construction of any project shall be in substantial compliance with the building plans and specifications reviewed and approved by the city.
(G) Certification of taxes paid. Prior to approving an application for a variance, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the variance application relates.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 610, passed 9-12-2011; Am. Ord. 636, passed 3-24-2014; Am. Ord. 648, passed 9-28-2015)