(A) Applicability.
(1) The City Council, in its capacity as the Board of Adjustment and consistent with the authority granted by law, may grant a property owner a variance from compliance with the literal provisions of the Zoning Code in an instance where strict enforcement would cause practical difficulties to the individual property owner, and when it can be demonstrated that such action will be in keeping with the spirit and intent of the Code.
(2) A variance may not be approved to allow a use which has not been identified as a permitted, permitted with standards, conditional or accessory use.
(3) Variances shall be granted for earth sheltered construction as defined in Minn. Stat. § 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with this chapter.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is suggested prior to submitting a variance application.
(C) Submittal.
(1) The application for a variance shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(2) No variance application shall be accepted for a property located within the floodplain until the applicant demonstrates that all required state and federal permits have been obtained. The applicant shall submit a copy of all required state and federal permits to the city concurrently with the required variance application form, fee and all other required application materials.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing.
(a) The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G).
(b) The applicant, or a representative thereof, should appear before the Planning Commission in order to answer questions concerning the proposed variance.
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the variance request and shall transmit the variance request and application along with its recommendations to the City Council.
(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.
(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the variance application by majority vote. The City Council may remand the variance request back to the Planning Commission for further consideration once during the review process.
(d) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(e) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(E) Criteria for review.
(1) In consideration of the variance request, the City Council shall make the following findings:
(a) The requested variance is in harmony with the general purposes and intent of this chapter;
(b) The requested variance is consistent with the Comprehensive Plan; and
(c) The applicant has established that there are “practical difficulties” as defined in Chapter 154 Definitions in complying with Chapter 151 Zoning.
(2) The Planning Commission may recommend, and the City Council may impose, conditions in the granting of variances provided all conditions are directly related to the variance request and each condition bears a rough proportionality to the impact created by the variance.
(3) Variances in the Floodplain Overlay District. No variance shall permit a lower degree of flood protection than required under state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied for all properties located within floodplain which are the subject of a variance considered under this chapter:
(a) Variances shall not be issued if any increase in flood levels during the base flood discharge would result;
(b) Variances shall only be issued if it is determined by the City Council that the granting of the variance will not result in increased flood heights; and
(c) Variances shall be issued only upon the determination by the City Council that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(4) Variances in the Shoreland Overlay District. In reviewing variance requests in the Shoreland Overlay District, the city must consider the following criteria in addition to those listed in § 151.03.29 Administration and Enforcement:
(a) Whether property owners have reasonable use of the land without the variance;
(b) Whether any existing sewage treatment systems on the property need upgrading before additional development is approved;
(c) Whether the property is used seasonally or year-round;
(d) Whether the variance is being requested solely on the basis of economic considerations; and
(e) The characteristics of development on adjacent properties.
(F) Effect of variance decision.
(1) Variances shall run with the property.
(2) Violations of the conditions of a variance shall void the variance.
(3) Recording.
(a) A certified copy of the authorizing resolution, containing identifiable description and any specific requirements for approval, shall be recorded by the City of Lindstrom with the Register of Deeds for Chisago County for the subject property.
(b) A copy of a decision granting a variance in a Floodplain or Shoreland Overlay District shall be mailed to the district office of the Minnesota Department of Natural Resources within ten days of the decision.
(4) Whenever within one year after granting a variance the work as permitted by the variance shall not have been completed, then the variance shall become null and void unless a petition for extension of time in which to complete the work has been granted.
(a) The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance or appeal.
(b) An extension to a variance may be administratively approved by the Zoning Administrator. After the initial one year extension, any future extensions must be granted by the City Council.
(5) Security.
(a) Except in the case of non-income producing residential property, upon approval of a variance or appeal the city may require a surety bond, cash escrows, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the variance and the ordinances of the city.
(b) The security shall be in the amount of the Council's estimated costs of labor and materials for the proposed improvements or development.
(c) The city shall hold the security until completion of the proposed improvement or development and certificate of occupancy indicating compliance with the variance and ordinances of the city having been issued by the Zoning Administrator.
(d) Failure to comply with the conditions of the variance and/or ordinances of the city shall result in forfeiture of the security.
(Ord. 20220120-01, passed 1-20-22)