(A) General provisions.
(1) Board of Adjustments. The City Council shall be the Board of Adjustments for the city, and as provided by M.S. § 462.354, Subd. 2, shall have the powers granted under M.S. § 462.357, Subd. 6 as they may be amended from time to time.
(2) Variances.
(a) Pursuant to M.S. § 462.357, Subd. 6, as it may be amended from time to time, the City Council, acting as the Board of Adjustments, may issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property.
(b) Variances shall only be permitted:
1. When they are in harmony with the general purposes and intent of the zoning code:
2. When the variance is consistent with the Comprehensive Plan:
3. When the applicant for the variance establishes that there are practical difficulties in complying with the zoning code. Practical difficulties, as used in connection with the granting of a variance, mean that:
a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code;
b. The plight of the landowner is due to circumstances unique to the property not created by the landowner;
c. The variance, if granted, will not alter the essential character of the locality; and
d. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(c) Use variances prohibited. The City Council may not permit as a variance any use that is not permitted under the zoning code for property in the district where the affected person's land is located. The City Council may permit as a variance the temporary use of a one family dwelling as a two-family dwelling. The City Council may impose conditions in the granting of a variance to ensure compliance and to protect adjacent properties. Conditions must be directly related to and must bear a rough proportionality to the impact created by the variance.
(B) Procedures.
(1) An application for a variance shall be filed with the Zoning Administrator. A non- refundable application fee, established from time to time by the City Council to cover the administrative costs and costs of the hearing, shall accompany each application. The application shall contain the following information, as well as such additional information as may be required by the Zoning Administrator.
(2) The Zoning Administrator, upon receipt of a proper application for a variance, shall set a time and place for a public hearing before the Planning and
Zoning Commission. At least ten days in advance of any such hearing, notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city.
(3) Written notices for the public hearing on a variance shall be sent to all property owners or residents within 350 feet of the property. The public hearing notice shall be given not more than 30 days nor less than ten days in advance by publishing a notice in the official newspaper of the city. The notice shall describe the particular variance and shall contain a description thereof. Assessor tax records, warranty deed, and street addresses shall be deemed sufficient for location or certification of ownership of the adjacent properties. Failure of a property owner to receive the notice shall not invalidate any such proceedings.
(4) For a variance in the Shoreland Overlay District, the Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of the application for the proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing.
(5) For a variance adjacent to Minnesota Trunk Highways 5, 19, or 22, or Sibley County right-of-way, the Zoning Administrator shall submit to the appropriate office a copy of the application for the proposed variance located in the highway right-of-way sufficiently in advance so that the Commissioner or Sibley County Official will receive at least ten days notice of the hearing.
(6) The applicant or representative shall appear before the Planning and Zoning Commission and City Council to answer questions concerning the proposed variance.
(7) Within the time frame established by M.S. § 15.99, following receipt of the completed application, the City Council shall render its decision granting or denying the variance. Such decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variance. Such plans and specifications shall remain a part of the permanent records of the City Council. The findings of fact shall specify the reason(s) for granting or denying the variance. The terms of relief granted shall be specifically set forth in conclusion or statement separate from the findings of fact.
(8) The City Council should not grant or deny a variance until they receive a report and recommendation from the Planning and Zoning Commission.
(9) Whenever an application for a variance has been considered and denied by the City Council, a similar application and proposal for the variance affecting the same property shall not be considered again by the Planning and Zoning Commission and City Council for at least six months from the date of its denial, unless a decision to reconsider such matter is made by not less than two-thirds vote of the full City Council.
(C) Lapse of variance. If within one year after granting a variance the use, as allowed by the variance, has not been initiated or utilized, then such a variance shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the use permitted in the variance. Such petition shall be presented to the Council for decision.
(D) Fees. To defray administrative costs of processing requests for variances, a fee shall be paid by the applicant. The fee shall be established by the City Council annually.
(Ord. 366, passed 8-7-2024)