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(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)
(A) Applicability. The purpose of a conditional use permit is to permit a use that would not be appropriate generally, but may be allowed within a certain zoning district with appropriate restrictions to mitigate the impact of the proposed use.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting a conditional use permit application.
(C) Submittal. The application for a conditional use permit shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(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.
2022 S-27
(a) The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G) Public Hearing.
(b) The applicant or a representative thereof should appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the conditional use permit and shall transmit the conditional use permit 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 conditional use permit application. The City Council may remand the conditional use 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) The Planning Commission may recommend, and the City Council may impose, conditions in the granting of conditional use permits to promote the public health, safety, and general welfare of the community, which may include, but are not limited to, the following conditions:
1. Special setbacks or yard requirements;
2. Increased screening or landscaping requirements;
3. Standards pertaining to traffic, parking, circulation, noise, lighting, emissions, signage, and hours of operation;
4. Provision of stormwater management and erosion and sediment control;
5. Protections for environmentally sensitive areas;
6. Dedication or reservation of land; or
7. Development agreement.
(f) 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 considering the conditional use permit application, the Planning Commission and City Council shall consider the following factors:
(a) Consistency with the city’s Comprehensive Plan;
(b) Compatibility with the character of the surrounding area;
(c) The consistency of site and civil plans prepared by or under the direction of an architect, civil engineer, and/or landscape architect with the regulations, intent and purpose of the City Code;
(d) The availability and design capacities of existing or proposed utilities and roadways;
(e) Whether the use will place an undue financial burden on the city; and
(f) Consistency with any use specific standards identified in this chapter.
(2) In addition to the standards for conditional uses in
subsection
(E)(1) of this section, the following standards must be used for reviewing conditional uses located in the Shoreland Overlay District as listed in § 151.03.29 Administration and Enforcement:
(a) A thorough evaluation of the topographic, vegetation and soils conditions on the site to ensure:
1. Prevention of soil erosion or other possible pollution of public waters, both during and after construction;
2. Limiting visibility of structures and other facilities as viewed from public waters; and
3. Adequacy of the site for water supply and on-site sewage treatment.
(b) An assessment of the types, uses and numbers of watercraft that the development or use will generate in relation to the suitability of public waters to safely accommodate these watercraft.
(c) The city may impose conditions when granting conditional use permits that specify increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location; design; the use's location and design; and use requirements for watercraft launching or docking, and for vehicular parking, structure or other facility design, use and location; phasing of construction; and other conditions considered necessary.
(F) Effect of decision.
(1) Security.
(a) Upon approval of a conditional use permit, the city may require a surety bond, cash escrow, 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 conditional use permit 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. The project can be handled in stages upon the discretion of the Council.
(c) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the city has been issued by the Zoning Administrator.
(d) Failure to comply with the conditions of the conditional use permit and/or the ordinances of the city shall result in forfeiture of the security.
(2) Whenever, within one year after granting a conditional use permit, the use as permitted by the permit has not been commenced, the permit shall become null and void unless a petition for extension shall be requested in writing and filed with the Zoning Administrator or City Administrator at least 30 days before the expiration of the conditional use permit for a recommendation and to the Council for a decision. The extension shall be allowed only once for a singular action.
(Ord. 20220120-01, passed 1-20-22)
(A) Applicability. The purpose of an interim use permit is to temporarily permit a use, which would not be appropriate generally, but which may be allowed within a certain zoning district with appropriate restrictions. An interim use permit is not intended to last indefinitely, but is meant to have a specific end date for when the use will no longer be allowed on the property. Upon request, the City Council may determine that any principal or accessory use listed in Tables 151.02.01 and 151.02.02 may be an interim use.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting an interim use permit application.
(C) Submittal. The application for an interim use permit shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(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. The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G) Public Hearing.
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the interim use permit and shall transmit the 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 interim use permit application. The City Council may remand the interim use permit request back to the Planning Commission for further consideration once during the review process.
(d) The user agrees to any and all conditions that the city deems appropriate for permission of the use. The conditions may include but are not limited to:
1. A performance bond for the entire period of the interim use sufficient to cover any future costs the city may incur to enforce the provisions of the interim use permit; and
2. Hours of operation, parking restrictions, lighting restrictions, screening, landscaping, fencing, signing restrictions, noise restrictions and the like.
3. Failure of the city to specifically note conditions or restrictions does not waive the city’s ability to enforce existing codes or hold a subsequent hearing and delete or impose additional conditions upon the property at any time.
4. All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.
(e) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(E) Criteria for review. In considering the interim use permit application, the Planning Commission and City Council shall consider the following factors:
(1) Conformity of the proposed use with the zoning regulations;
(2) Ability of the date or event that will terminate the use to be identified with certainty;
(3) Whether the use will impose additional costs on the public if it is necessary for the public to take the property in the future; and
(4) Whether the user agrees to any conditions that the governing body deems appropriate for permission of the use.
(F) Termination/expiration.
(1) Any interim use permit issued by the city automatically expires upon the termination date or event noted in the permit or upon change of the ownership of the property, whichever comes first.
(2) Any interim use permit may be terminated by a change in this chapter or violations of any of the conditions imposed by the city.
(Ord. 20220120-01, passed 1-20-22)
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