(A) Application. Any person aggrieved by any order or decision of the Building/Zoning Administrator or other city staff enforcing the provisions of this chapter or desiring a variance from the literal provisions of this chapter, except those which relate to the use of a property other than the temporary use of a one-family dwelling as a two-family dwelling, may apply therefor and have the matter heard by the Board of Appeals and Adjustments in accordance with the provisions of state law and the city code.
(B) Procedure.
(1) Application for any variance or appeal permissible under the provisions of this section shall be made to the Board of Appeals and Adjustments in the form of a written application on such forms as required by the city. Upon receipt of any application, the Board of Appeals and Adjustments shall set a time and place for a public hearing before the Board on the application. At least ten days before the date of the hearing, a notice of the hearing shall be published once in the official newspaper.
(2) The Board of Appeals and Adjustments shall, thereupon, make its decision upon the application within 30 days of the public hearing, unless the Board specifically finds that additional time is needed to make its decision, but in any event the decision must be made within 60 days of the public hearing.
(C) Conditions for a variance.
(1) A variance shall be permitted only if it is established that it is in keeping with the spirit and intent of the general purpose of this chapter and that the strict enforcement of the provisions of this chapter would cause an undue hardship because of the circumstances unique to the individual property under consideration. In its consideration of the standards of practical difficulties or particular hardship and unique situation, the Board of Zoning Appeals and Adjustments shall require the presentation of evidence that:
(a) The property in question cannot be put to a reasonable use if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
(b) The plight of the landowner is due to circumstances unique to the property that are not normally applicable to landholdings within the same district and that were not created by the landowner; and
(c) The variance, if granted, will not alter the essential character of the neighborhood and locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Special consideration shall be given for earth sheltered construction, as defined in M.S. § 216C.06, subd. 2, as it may be amended from time to time, when the construction is in harmony with the provisions of this chapter.
(2) A variance shall be granted only if the evidence, in the judgment of the Board of Appeals and Adjustments, sustains the conditions enumerated in division (C)(1) above. Variances from the provisions of this chapter shall be granted by the Board of Appeals and Adjustments only in accordance with the provisions of this section.
(3) Specific conditions and safeguards may be imposed upon the premises benefitted by the variance as considered necessary to prevent injurious effects upon other property in the neighborhood or upon public facilities and services. Violations of such conditions and safeguards shall constitute a violation of this chapter.
(4) No variance permitting the erection or alteration of a building shall be valid for a period longer than one year unless a building permit for the erection or alteration is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.
(Prior Code, § 11.24) Penalty, see § 10.99