(A) Authority and conditions.
(1) (a) The Planning Commission, acting as the Board of Adjustments and Appeals, is authorized to hear requests for variances from the literal 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 to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control.
(b) PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; 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 do not constitute PRACTICAL DIFFICULTIES. PRACTICAL DIFFICULTIES also include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(c) 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 this chapter. The Planning Commission may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person’s land is located. The Planning Commission may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The Planning Commission may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(2) The conditions cited as reason for granting a variance must be due to physical conditions unique to the land or building involved and must not be applicable to other sites in the same zoning district. Economic considerations may be taken into account, but shall not by themselves be the reason for which a variance is granted.
(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 those conditions and safeguards shall be a violation of this chapter.
(4) Within the floodway or flood fringe districts, no variance may permit a lower degree of encroachment than the regulatory flood protection elevation for that particular area.
(B) Procedures.
(1) An application for a variance shall be submitted to the Zoning Administrator. A non-refundable application fee, established from time to time by the City Council to cover administrative costs and costs of the hearing, shall accompany each application. The application shall contain the following information, as well as additional information as may be required by the Zoning Administrator:
(a) A site plan 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. 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 in § 154.174(B)(1) of this chapter shall also apply.
(2) (a) A public hearing shall be set, advertised and conducted by the city’s Planning Commission in accordance with § 154.176 of this chapter.
(b) For a variance in the floodway or flood fringe district, the Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances located in the floodway or flood fringe district sufficiently in advance so that the Commissioner will receive at least ten-days’ notice of the hearing.
(3) Within 30 days following the close of the public hearing, the city’s Planning Commission shall render its decision recommending granting or denying the variance. The decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variance. The plans and specifications shall remain a part of the permanent records of the city’s 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.
(a) Any aggrieved person may appeal a decision of the Planning Commission to the City Council.
(b) Motions on variances require a simple majority of the Planning Commission or City Council for passage.
(4) A copy of all decisions granting a variance in a Floodway or Flood Fringe District shall be forwarded to the Commissioner of Natural Resources within ten days of the action.
(2004 Code, § 154.167) (Ord. 464, passed 1- -1996; Ord. 11-0672, passed 7-12-2011)