(A) Applicability. The City Council may grant a property owner a variance from compliance with the literal provisions of the Subdivision Chapter in an instance where strict enforcement would cause undue hardship 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.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.05.11(F) is suggested prior to submitting a subdivision variance application.
(C) Submittal. The application for a subdivision variance shall be filed pursuant to § 151.05.11(G).
(D) Review criteria. In considering the subdivision variance application, the City Council shall consider the following factors:
(1) The requested subdivision variance is in harmony with the general purposes and intent of this chapter;
(2) The requested subdivision variance is consistent with the Comprehensive Plan and all other applicable city plans;
(3) The applicant has established that there are special circumstances or conditions, such as topography, drainage, or other naturally occurring characteristics, affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land; and
(4) The impact the variance will have on the public health, safety, and welfare of other property in the vicinity in which the property is situated.
(E) 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) Consideration of request.
(a) The Planning Commission shall consider the subdivision variance request.
(b) Notice of the Planning Commission’s consideration of the request shall be mailed to all property owners immediately abutting the subject property according to county assessment records, including those directly across any street or public right-of-way.
(c) The applicant or a representative thereof should appear before the Planning Commission in order to answer questions concerning the requested subdivision variance.
(3) Decision.
(a) Following its consideration of the request, the Planning Commission shall recommend approval, conditional approval, or denial of the subdivision variance request and shall transmit the 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 subdivision 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.
(F) Effect of subdivision variance decision.
(1) Violations of the conditions of a subdivision variance shall void the variance.
(2) 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 subdivision 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.
(3) Whenever within one year after granting a subdivision variance the subdivision 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 subdivision has been granted to the Council.
(a) The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original subdivision 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 subdivision variance or appeal. The petition shall be presented to the City Council for a decision.
(b) A second extension shall require a new public hearing.
(4) A subdivision variance application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.
(Ord. 20220120-01, passed 1-20-22)