(A) Any person desiring to erect or increase the height of any structure, permit the growth of any tree or use his or her property not in accordance with the regulations prescribed in this chapter may apply to the Board of Adjustment, hereinafter provided for, for a variance from the regulations.
(B) If the Board of Adjustment fails to grant or deny the variance within the time frame established within M.S. § 15.99, as it may be amended from time to time, the variance shall be deemed to be granted by the Board.
(C) When the variance is granted by reason of the failure of the Board to act on the variance, the person receiving the variance shall notify the Board and the Commissioner, by certified mail, that the variance has been granted.
(D) The applicant shall include a copy of the original application for the variance with this notice to the Commissioner.
(E) The variance shall be effective 60 days after this notice is received by the Commissioner subject to any action taken by the Commissioner pursuant to M.S. § 360.063(6)(a), as it may be amended from time to time.
(F) The variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this chapter provided any variance so allowed may be subject to any reasonable conditions that the Board or Commissioner may deem necessary to effectuate the purpose of this chapter.
(G) The Zoning Administrator shall forward the request to the Minnesota Department of Transportation Office of Aeronautics for review and comment prior to consideration of the request by the Board of Adjustment.
(Ord. passed 1-4-2012)