A. Application For Variance: A variance application shall be submitted by the property owner to the department on forms provided by the department. Applicants shall provide all information as required for the administration of this chapter.
B. Contents Of Variance Application: The variance application shall include development plans and specifications and such other information as may be required by other sections of this chapter or by the department. The application shall also include:
1. The legal description of the real property on which the system will be located;
2. The names, addresses and telephone numbers of the owners of the property or any person having a legal interest therein;
3. A site plan showing all pertinent dimensions, buildings, structures and significant natural features having an influence on the variance;
4. Copies of any required municipal, county, state, or federal permits or approvals;
5. A statement identifying the specific provision(s) in the chapter from which the variance is requested;
6. The reasons why compliance with the provision(s) is difficult or inappropriate;
7. The alternative measures that will be taken to ensure a comparable degree of compliance with the intention of the applicable provision(s);
8. The length of time for which the variance is requested;
9. Cost considerations; and
10. Other relevant information requested by the department as necessary to properly evaluate the variance request.
C. Application Fee: The application fee, as set forth in the city fee schedule, shall accompany the initial application for a variance request.
D. Site Investigation: Upon receipt of the variance application, the department shall decide if a site investigation conducted by the department is necessary. After the necessary information has been gathered, the department shall make a written recommendation to approve or deny the variance to the city council.
E. Notification: The city shall give written notice of the variance application which shall be published in the designated official newspaper for the city at least ten (10) days but not more than thirty (30) days prior to the date of the meeting at which the variance application will be considered by the city council. An identical notice shall be mailed to the property owners and each of the property owners within three hundred fifty feet (350') of the affected property at least ten (10) days before the meeting. The city council shall either approve or deny the variance request within the time limit established by Minnesota statutes 15.99.
F. Factors Required For Approval: The variance may be granted provided that:
1. The conditions causing the demonstrated hardship are unique to the property and were not caused by the action of the applicant;
2. The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons or to property values in the vicinity;
3. The property owner would have no reasonable use of the land without the variance;
4. The granting of the variance would not allow a prohibited use; and
5. The granting of the variance would be in accordance with Minnesota rules chapters 7080, 7081, and 7082.
G. Conditions: The city council may impose conditions in granting the variance to ensure compliance and to protect the public health, safety, or welfare. Each violation of any condition set forth in the variance shall be a separate violation of this chapter subject to enforcement and shall be sufficient grounds for terminating the variance.
H. Denial Of Variance: No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said denial, except on the grounds of relevant new evidence or proof of a significant change of conditions.
I. Appeal: Any person aggrieved by the decision of the city council may appeal the decision to any court with appropriate jurisdiction. (Ord. 1219, 10-25-2010)