(A) 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:
(1) The applicant's name and address;
(2) The complete legal description of the subject property;
(3) A survey drawn to scale showing the property dimensions, existing and proposed buildings and other structures, existing and proposed grading landscaping, easements, and location of utilities, as applicable;
(4) The particular requirements of this Zoning Code which prevent the proposed use or construction;
(5) The characteristics of the subject property which prevent compliance with said requirements of this Zoning Code;
(6) The minimum reduction of the requirements of this Zoning Code which would be necessary to permit the proposed use or construction; and
(7) The practical difficulties which would result in said requirements of this Zoning Code were applied to the subject property.
(B) 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.
(C) 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.
(D) 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.
(E) 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 County Official will receive at least ten days’ notice of the hearing.
(F) The applicant or representative shall appear before the Planning and Zoning Commission and City Council to answer questions concerning the proposed variance.
(G) 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.
(H) The City Council should not grant or deny a variance until they receive a report and recommendation from the Planning and Zoning Commission.
(I) 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 2/3 vote of the full City Council.
(Ord. 209.5, passed 12-14-1994; Am. Ord. 346, passed 12-1-2021)