A. Authority: The council may grant variances from the strict application of the provisions of this title and impose conditions and safeguards in the variances so granted where practical difficulties or undue hardships result from carrying out the strict letter of the regulations of this title.
B. Application And Procedure: Application for a variance shall be filed with the planning division for scheduling before the planning commission and city council. The council and planning commission may hold a public hearing on the variance request if they deem it necessary or advisable. Where the planning commission or city council shall determine that a public hearing is necessary or advisable, the application, public hearing, notice and procedure requirements for variances shall be the same as for amendments set forth in section 10-3-5 of this chapter. The city council shall act upon the application within the time limits established by Minnesota statutes section 15.99.
C. Referral To Planning Commission: Before authorization of any variances, the request therefor shall be referred to the planning commission for study concerning the effect of the proposed variance upon the comprehensive guide plan and on the character and development of the neighborhood and for its recommendation to the council in connection with such request. The planning commission shall make its recommendation after the request is referred to it, and if no recommendation is made within that time, the council may act without the recommendation. The planning commission may recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable. (Ord. 1098, 11-8-2004)
D. Approval Or Denial Of Variance:
1. a. The planning commission may recommend to approve, approve with conditions, or deny a request for a variance. The city council may deny or approve such variances and impose conditions and safeguards therein. In making its recommendation, the planning commission shall consider the following factors and the city council, in acting upon a request for a variance, shall only grant a variance if the applicant demonstrates to the city council that the following factors have been met:
(1) That circumstances exist that are special and unique to the structure or land under consideration and such circumstances do not apply generally to other land or structures in the district in which the subject structure or land is located.
(2) That the granting of the application will not be contrary to the spirit and intent of this title and the comprehensive plan.
(3) That the granting of such variance is necessary as a result of a demonstrated undue hardship and will not merely serve as a convenience to the applicant. Undue hardship means that all of the following circumstances exist:
(A) The subject property cannot be put to a reasonable, beneficial use unless the variance is granted.
(B) The plight of the landowner is due to circumstances unique to the subject property not created by the landowner.
(C) The variance, if granted, will not alter the essential character of the locality.
(4) That economic considerations alone do not constitute an undue hardship if reasonable beneficial use for the subject property exists under the terms of this title.
b. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.
c. A variance shall be granted for earth shelter construction as defined in Minnesota statutes section 216C.06, subdivision 14 when such construction and variance are in harmony with this title.
d. A variance may not permit any use that is not permitted under this title for property in the zone where the affected person's land is located.
e. A variance may permit the temporary use of a one-family dwelling as a two-family dwelling.
f. The council may impose conditions in the granting of a variance to ensure compliance and to protect adjacent properties.
g. Approval of a variance shall require a majority of the city council present. (Ord. 1221, 11-8-2010)
2. The council may deny variances, and such denial shall constitute a finding and determination that the conditions required for approval do not exist.
E. Violation; Termination Of Variance: A violation of any condition set forth in granting a variance shall be a violation of this title and also automatically terminates the variance.
F. Lapse Of Variance: A variance shall become void two (2) years after it was granted unless made use of within two (2) years or such longer period as the council, within two (2) years, may provide. The city council may grant a single one year extension, the request for which must be submitted to the city planning division at least sixty (60) days prior to the date upon which the variance would become void. (Ord. 1098, 11-8-2004)