Pursuant to Minnesota statutes 15.99, an application for a variance shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:
A. Classifications:
1. Minor Variance:
a. Purpose: The purpose of this section is to provide for an expeditious method of processing variance requests which are defined as minor.
b. Qualification:
(1) Cases where practical difficulties to existing buildings or platted property are created as a result of public action or change in ordinance standards.
(2) Structure or setback deviations which are characteristic of and common to neighboring uses and which do not exceed a ten percent (10%) departure from any standard of this title as applied to a specific piece of property.
(3) A minor variance procedure shall not be applicable or include any proposals involving fencing, shoreland, wetland, or floodplain.
2. Major Variances: All variances which are not classified as "minor" shall be deemed "major" variances.
B. Processing:
1. Minor Variances:
a. Requests for a minor variance shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as established by city council resolution. The application as determined by the zoning administrator shall be considered as being officially submitted complete when the applicant has complied with all the specific informational requirements, which shall include the following:
(1) A written description of the request for the minor variance, including an explanation of compliance with the variance criteria set forth in this section.
(2) Supporting materials, as outlined in section 11-9-13 of this title, as determined by the zoning administrator as applicable to be necessary for the complete and clear definition and understanding of the request.
b. In cases when an application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days from the date of submission.
c. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate, and provide general assistance in preparing a recommendation on the action to the board.
d. The city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
e. Unless excused by the mayor, the applicant or a representative shall appear before the board in order to answer questions concerning the proposed minor variance request.
f. Within fifteen (15) days after receiving the city staff's report and recommendation concerning a request for a minor variance, the board shall have the option to set and hold a public hearing if deemed necessary on the request. The board shall hear such persons as wish to be heard. Notice of any such hearing shall be mailed not less than ten (10) days in advance to all property owners within five hundred feet (500') of the property to which the variance relates.
g. Failure of a property owner to receive notice shall not invalidate any such proceedings.
h. The city council shall decide whether to approve or deny a request for minor variance within thirty (30) days after the public hearing on said request.
i. A minor variance of this zoning title shall be by four-fifths (4/5) vote of the full board.
2. Major Variances:
a. Request for a variance or appeal shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as established by city council resolution. This fee shall not be refunded. Unless modified by the zoning administrator, such application shall also be accompanied by detailed written and graphic materials necessary for the explanation of the request, and a list of property owners located within five hundred feet (500') of the subject property obtained from and certified by an abstract company.
b. The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:
(1) A written description of the request for the major variance, including an explanation of compliance with the variance criteria set forth in this title.
(2) Supporting materials, as outlined in section 11-9-13 of this title, as determined by the zoning administrator as applicable to be necessary for the complete and clear definition and understanding of the request.
c. In cases when an application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days from the date of submission.
d. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this title.
e. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the board.
f. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure of the applicant to supply all necessary supportive information may be grounds for denial of the request.
g. Unless excused by the planning commission chair, the applicant or a representative thereof shall appear before the planning commission to answer questions concerning the proposed variance.
h. The planning commission shall make findings of fact and recommend approval or denial of the request. The commission's recommendation and the city staff's report shall be presented to the board, and shall be entered in and made part of the permanent written record of the board meeting.
i. The board shall not act upon the variance until the planning commission has held a public hearing on the request. The board shall act upon the request within sixty (60) days from the date of submission, unless an extension has been provided, pursuant to Minnesota statutes 15.99.
j. Upon receiving the report and recommendation of the planning commission and the city staff, the board shall have the option to set and hold a public hearing if deemed necessary.
k. Subject to limitations of Minnesota statutes 15.99, if, upon receiving said reports and recommendations of the planning commission and city staff, the board finds that specific inconsistencies exist in the review process and thus the final determination of the board may differ from that of the planning commission, the board may, before taking final action, refer the matter back to the planning commission for further consideration. The board shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
l. The board shall make findings of fact and approve or deny a request for variance within thirty (30) days after the close of the public hearing on the request.
m. A major variance of this zoning title shall be by four-fifths (4/5) vote of the full board.
n. In granting any major variance under the provisions of this title, the board shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare.
o. The zoning administrator shall serve a copy of the final order of the board upon the applicant by mail.
3. All decisions made by the city regarding a variance shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the thirty (30) day period defined above.
4. Whenever an application for a variance has been considered and denied by the board, a similar application for a variance affecting substantially the same property shall not be considered again by the planning commission or board for at least six (6) months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or board for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by a four-fifths (4/5) vote of the full board. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 867, sec. 9, 5-17-2010; Ord. 882, 7-18-2011; Ord. 1031, 6-1-2020)