(1) Purpose. The purpose of this section is to provide for deviations from the requirements of this chapter, and to provide for the appeal of an interpretation of legislative intent of the provisions of this chapter.
(2) Board designation. The City Council shall serve as the Board of Adjustment and Appeals.
(3) Variances. Variances from the requirements of this chapter, including restrictions placed on nonconformities, may be granted if the following conditions are met:
(a) Criteria and findings of fact. No variance shall be granted unless it meets all the criteria in divisions 1. through 6. below, or unless division 7. below applies. The city shall make findings regarding compliance with these criteria.
1. The variance shall be in harmony with the general purposes and intent of this chapter.
2. The variance shall be consistent with the official City Comprehensive Plan.
3. There shall be practical difficulties in complying with this chapter. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner.
5. The variance shall not alter the essential character of the locality.
6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located.
7. In accordance with M.S. § 462.357, Subd. 6, variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, when in harmony with the zoning ordinance.
(b) Submittal requirements. An application for a variance shall be filed with the Zoning Administrator and shall be accompanied with the following submittal information:
1. Proof of title and contract/purchase agreement and/or property owner signature on the application form when applicable.
2. Certificate of survey prepared by a licensed land surveyor in compliance with the requirements in § 1007.020(2)(b). The Community Development Department may waive the certificate of survey when the survey will not provide information relevant to the variance necessary to review the application.
3. Graphic information, plans, specifications, or other materials that illustrate the requested variance.
4. Narrative description of how the application complies with the variance criteria listed below.
(c) Procedures. An application for a variance shall be approved or denied within 60 days of the date of its official complete submission pursuant to M. S. § 15.99 unless extended pursuant to statute or a time waiver is granted by the applicant. Additional city requirements for variances are as follows:
1. The property owner or their agent shall file with the Zoning Administrator a completed application form together with the required submittals and a fee as required in § 1007.000(8).
2. The request for variance shall be placed on the agenda of the Planning and Zoning Board according to the city’s deadline and meeting schedule.
3. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of the action to the City Council.
4. The petitioner or representative should appear before the Planning and Zoning Board in order to present information or to answer questions. The Board shall make a recommendation to the City Council including findings on compliance with required criteria and conditions to be imposed.
5. The City Council may grant the variance if it has been established that the application complies with all the required criteria. The city shall decide upon requests for variance by approving or denying the same in part or in whole.
6. The city may impose conditions in the granting of variances. Conditions must be directly related to and must bear a rough proportionality to the impact created by the variance.
7. The City Council shall, on all variance applications whether granted or denied, record findings of fact. Such findings shall be recorded in writing and shall state the City Council's reasons for such action. If the City Council denies an application, it shall state in writing the reasons for the denial at the time it denies the application. However, when a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the application provided that those voting against the motion state on the record the reasons why they oppose the application.
8. Following approval of the variance, the city shall file a certified copy thereof including a legal description of the property with the County Recorder or Registrar of Titles.
(4) Appeal. An appeal shall only be applicable to an administrative permit, order, requirement or interpretation of intent of provisions of this chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.
(a) Procedure. An appeal from an administrative action shall be filed by the property owner or their agent with the Zoning Administrator within ten days after the making of the order, requirement, or interpretation being appealed.
1. The property owner or their agent shall file with the Zoning Administrator an application for appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by City Council ordinance. In cases where the application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within ten days of the date of submission.
2. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property.
3. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustments and Appeals.
4. The Board of Adjustment and Appeals shall consider the application for appeal at a public meeting and consider testimony of the property owner and city staff.
5. The Board of Adjustment and Appeals shall make its decision within 60 days of the date of its official complete submission pursuant to M.S. § 15.99 unless extended pursuant to statute or a time waiver is granted by the applicant.
6. The Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail.
7. No application for a variance shall be resubmitted for a period of 12 months from the date of said order of denial.
(5) Expiration. The applicant shall comply with the conditions of approval or complete construction within one year of the date of approval unless a different time is specified in the variance approval. Otherwise, the approval shall be null and void, unless an extension is requested in writing, and for good cause, is granted by the City Council.