(A) There is hereby established a Board of Adjustment and Appeals. The Board of Adjustment and Appeals is the City Council, who shall have the following powers with respect to this chapter.
(1) The exclusive power to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the Zoning Regulations.
(2) The exclusive power to hear requests for variance from the literal provisions of this chapter 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 the actions will be in keeping with the spirit and intent of this chapter. The Board of Adjustment and Appeals may not permit as a variance any use that is not permitted under this chapter for property in the zoning district where the land is located. The Board may permit as a variance the temporary use of a 1-family dwelling as a 2-family dwelling. The Board may impose conditions in the granting of a variance to ensure compliance and to protect adjacent properties.
(a) Variances shall be permitted:
1. When they are in harmony with the general purposes and intent of the ordinance; and
2. When the variances are consistent with the city’s comprehensive plan.
(b) Variances may be granted when the applicant for the variances establishes that there are practical difficulties in complying with the zoning ordinance.
(c) PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means:
1. The property owner proposes to use the property in a reasonable manner not permitted by the ordinance;
2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
3. The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do no not constitute PRACTICAL DIFFICULTIES.
(3) If an official map has been adopted by the city, to hear and decide on appeal by the owner of land who has been denied a permit to build within the limits of lands delineated on an official map which has been adopted and filed by the city as provided by M.S. § 462.359, as it may be amended from time to time, and to grant a permit for building in that location in any case in which the Board finds, upon the evidence and the arguments presented to it, that:
(a) The entire property of the appellant of which the area identified for public purposes forms a part that cannot yield a reasonable return to the owner unless the permit is granted; and
(b) Balancing the interest of the City Council in preserving the integrity of the official map and of the city Comprehensive Plan and the interest of the owner of the property in use or that owner's property and in the benefits of ownership, the granting of the permit is required by considerations of justice and equity.
(4) In addition to the notice of hearing required by this chapter, a notice shall be published in the official newspaper once at least 10 days before the date of the hearing. If the Board of Adjustment authorizes the issuance of a permit, the Council or other board or commission having jurisdiction shall have 6 months from the date of the decision of the Board to institute proceedings to acquire the land or interest therein, and if no such proceedings are started within that time, the officer responsible for issuing building permits shall issue the permit if the application otherwise conforms to city ordinances. The Board shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted.
(Prior Code, Ch. 300 § 504.01)
(B) Appeals. An appeal from any order, requirement, decision, or determination of any administrative official may be taken by any person affected thereby, or by any officer, department, board or bureau of a town, municipality, county, or state within 30 days from the date of any such order, requirement, decision, or determination by filing with the Zoning Administrator a written notice of appeal.
(1) The notice of appeal shall state:
(a) The particular order, requirement, decision, or determination from which the appeal is taken;
(b) The name and address of the appellant;
(c) The grounds for the appeal; and
(d) The relief requested by the appellant.
(2) An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property.
(3) The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit.
(Prior Code, Ch. 300 § 504.02)
(C) Variances. An application for a variance shall be filed with the Zoning Administrator; the application shall be accompanied by development plans showing such information as the Zoning Administrator may reasonably require for purposes of this chapter.
(1) The plans shall contain sufficient information for the Board of Adjustment and Appeals to determine whether the proposed variance will meet all applicable development standards if the variance is granted.
(2) In all cases, the application shall include the following applicable to the application:
(a) Name and address of the applicant. If the application is being made by someone other than the owner of the property, a signed statement from the owner must accompany the application authorizing the applicant to represent the property owner on this application;
(b) The name and address of the owners of the property and any person having a legal interest therein, if other than the applicant;
(c) The legal description of the property involved in the request as shown on a copy of the current property tax statement, including the street address, if any, of the property;
(d) The reason for the application;
(e) A site plan drawn to scale showing the property dimensions or a legal survey if requested by a representative of the city;
(f) Location of all existing and proposed buildings and their size, including square footage and elevation of finished building;
(g) Proposed floor plan and elevations of any building with use indicated;
(h) Sanitary sewer and water plan with estimated flow rates;
(i) Location of curb cuts, driveways, access road, parking spaces, off-street loading areas, and sidewalks, if applicable;
(j) An applicant's certificate showing the names and addresses of the record owners of all property (obtained from the County Surveyor's office), located within a minimum of 500 feet of all the contiguous property owned by the applicant;
(k) Landscaping and screening plans, including species and size of trees and shrubs proposed;
(l) Finished grade and drainage plan sufficient to drain and dispose of all surface water accumulated; and
(m) The application fee, as established by city ordinance, which can be changed from time to time.
(3) The application process will not proceed forward until all applicable items are provided to the Zoning Administrator and the application is formally accepted as completed.
(4) The Board of Adjustment and Appeals may impose conditions in the granting of a variance which the Board may reasonably determine to be necessary to protect adjacent properties, preserve the public health, safety, and welfare and comply with the intent and purposes of this chapter.
(5) The Board of Adjustment and Appeals may also impose such conditions and requirements as are necessary to ensure compliance with the terms of the variance.
(Prior Code, Ch. 300 § 504.03) (Am. Ord. 7533, passed 6-19-2012)
(D) Public hearing. The Zoning Administrator shall process the application and schedule a public hearing before the Planning Commission or City Council, and otherwise meet legal time requirements.
(1) (a) Notice of the purpose, time, and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application and such other persons as the Planning Commission may direct, as least 10 days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings.
(b) The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.
(2) The applicant or that applicant's representative shall appear at the public hearing to answer questions concerning the proposed application.
(3) On request of the Zoning Administrator, or Chairperson of the Planning Commission, the Board shall continue the hearing within the time prescribed by law, in order to allow the planning agency or its authorized representative to review and report to the Board on the matter.
(4) The Board of Adjustment and Appeals shall decide any appeal or any application for a variance and issue its order with respect thereto within 30 days from the date of the hearing or any other date extended by the Commission as provided or allowed by law.
(Prior Code, Ch. 300 § 504.04)
(E) Order.
(1) The Board of Adjustment and Appeals shall make written findings in any case of an appeal or application for a variance and shall state therein the reasons for its decision; the order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved.
(2) Any such order shall be filed with the Zoning Administrator who shall immediately mail a copy thereof, bearing the notation of the filing date, to the appellant or applicant.
(Prior Code, Ch. 300 § 504.05)
(F) Decisions final. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative official or upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the Board reviewed by an appropriate remedy in District Court as provided by law.
(Prior Code, Ch. 300 § 504.06)