§ 151.038 VARIANCES.
   (A)   Authority and conditions.
      (1)   The City Planning Commission shall be the Board of Appeals and Adjustments and may allow a departure from the terms of the zoning regulations pertaining to height or width of structures, the size of setbacks, the number of parking spaces, and the size or location of signs where such departure would not be contrary to the public interest. A variance may be granted only in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the chapter.
      (2)   UNDUE HARDSHIP, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with the chapter. The Board of Appeals and Adjustments or the governing body, as the case may be, may not permit as a variance any use that is not permitted under the chapter for property in the zone where the affected person’s land is located. The board or governing body, as the case may be, may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The board or governing body, as the case may be, may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties.
      (3)   Specific conditions and safeguards may be imposed upon the premises benefitted by a variance as considered necessary to prevent injurious effects upon property in the neighborhood or upon public facilities and services. Violation of such conditions and safeguards shall be a violation of this chapter.
   (B)   Procedures.
      (1)   An application for a variance shall be submitted to the Zoning Administrator. A nonrefundable application fee, established from time to time by the City Council by ordinance to cover 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:
         (a)   A site plan showing the property dimensions, existing and proposed buildings and other structures, existing and proposed grading, landscaping, easement, and location of utilities, as applicable. The Zoning Administrator may require the applicant to obtain a certified survey at the time of application;
         (b)   The particular requirements of this chapter which prevent the proposed use or construction;
         (c)   The characteristics of the subject property which prevent compliance with the requirements of this chapter;
         (d)   The minimum reduction of the requirements of this chapter which would be necessary to permit the proposed use or construction;
         (e)   The particular hardship which would result if the particular requirements of this chapter were applied to the subject property; and
         (f)   If the variance is part of an application for commercial, industrial, or multiple-family residential site plan approval, all of the submittal requirements for a site plan, § 151.040(B) shall also apply.
      (2)   A public hearing shall be set, advertised, and conducted by the City Planning Commission in accordance with § 151.042.
      (3)   Within the time period established by M.S. § 15.99, as it may be amended from time to time, the City Planning Commission shall render its decision recommending 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 Planning Commission. The findings of fact shall specify the reason or reasons for granting or denying the variance. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact.
   (C)   Appeals. A decision of the Planning Commission acting as the Board of Appeals and Adjustments is final subject to appeal to the City Council and the right of a later judicial review. Appeals to the Council of a decision of the Planning Commission acting as the Board of Appeals and Adjustments shall be decided within the time period established by M.S. § 15.99, as it may be amended from time to time.
   (D)   Simple majority required. Motions on variances require a simple majority of the City Council for passage based upon the recommendation Planning Commission.
(Prior Code, § 151.033) (Ord. 149, passed 3-9-1998)