(A) Board of Appeals and Adjustments. The City Council shall be the Board of Appeals and Adjustments for the city, and as provided by M.S. § 462.354, subd. 2, shall have the powers granted under M.S. § 462.357, subd. 6, as they may be amended from time to time.
(B) Variances.
(1) Pursuant to M.S. § 462.357, subd. 6, as it may be amended from time to time, the City Council, acting as a Board of Appeals and Adjustments, may issue variances from the provisions of this
zoning code including those restrictions placed on nonconformities. A VARIANCE is a modification or variation of the provisions of this zoning code as applied to a specific piece of property.
(2) Variances shall only be permitted:
(a) When they are in harmony with the general purposes and intent of the code; and
(b) When the variances are consistent with the comprehensive plan.
(3) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code.
(4) PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means that:
(a) 1. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code;
2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
3. The variance, if granted, will not alter the essential character of the locality.
(b) 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.
(5) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, as it may be amended from time to time, when in harmony with the code.
(6) The Board of Appeals and Adjustments may not permit as a variance any use that is not allowed under the zoning code for property in the zone where the affected person's land is located.
(7) The Board may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.
(8) The Board may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(C) Record maintenance. The Zoning Administrator shall maintain a record of all variances granted, including any restrictions and conditions made by the Board of Appeals and Adjustments and other information as may be appropriate. The Zoning Administrator shall file a copy of every variance granted with the County Recorder.
(D) Revocation. The City Council may revoke a variance if any conditions established by the Board, as part of granting the variance request, are violated.
(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006; Am. Ord. 2012-250, passed 3-29-2012)