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(A) The Planning Commission and City Council shall have the authority to require a performance bond or other security when it is deemed necessary and appropriate.
(B) Except in the case of non-income producing residential property, upon approval of a conditional use permit the city may be provided with a surety bond, cash escrow, certificate of deposit, other 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.
(C) The security may be in the amount of the City 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 City Council.
(Ord. 134/94, passed 3-24-94)
The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect that real estate. All amendment requests must first be reviewed by the Planning Commission and then approved by the City Council.
(Ord. 134/94, passed 3-24-94)
VARIANCES AND APPEALS
The City Council shall act as the Board of Adjustments and Appeals and shall have the following powers:
(A) To hear appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter; and
(B) To hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship, as defined in § 156.006, because of circumstances unique to the individual property under consideration.
(Ord. 134/94, passed 3-24-94)
In considering all requests for a variance or appeal, the Board of Adjustments and Appeals shall make a finding of fact as appropriate that the proposed action will not:
(A) Impair an adequate supply of light and air to adjacent property;
(B) Unreasonably increase the congestion in the public right-of-way;
(C) Increase the danger of fire or endanger the public safety;
(D) Unreasonably diminish or impair established property values within the neighborhood;
(E) Cause an unreasonable strain upon existing municipal facilities and services;
(F) Be contrary in any way to the provisions and intent of the city’s growth management system/Comprehensive Plan; or
(G) Have a negative direct and indirect fiscal impact upon the city, county, or school district, unless the proposed use is determined to be in the public interest.
(Ord. 134/94, passed 3-24-94)
(A) (1) The City Council, after receiving recommendations from the Planning Commission, may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person’s land is located.
(2) A variance may be granted when it is demonstrated that this action will be in keeping with the spirit and intent of this chapter and when the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his or her property and not created by the landowner, and the variance, if granted, will not alter the essential character of the locality.
(B) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. A non-economic hardship shall exist by reason of one or more of the following:
(1) Narrowness, shallowness, or shape of a specific parcel of property or a lot existing and of record upon the effective date of this chapter;
(2) Exceptional topographic or water conditions of a specific parcel of land or lot; or
(3) Inadequate access to direct sunlight for solar energy systems.
(C) A variance may be granted for the above reasons when the strict application of the provisions of this chapter would result in exceptional difficulties in developing the property in a legally permissible manner. The City Council may impose conditions in granting the variance to insure compliance and to protect adjacent properties.
(D) A variance shall not allow any use which is not a permitted principal use, a permitted accessory use, or a permitted use requiring a conditional use permit. The only lawful variance is one which is usually called a “non-use variance,” and the use of the variance procedure does not authorize any kind of unlawful “spot zoning.”
(Ord. 134/94, passed 3-24-94)
(A) Requests for variances or appeals shall be filed with the Zoning Administrator, on an official application form. The application shall be accompanied by a fee as outlined in § 156.182. This fee shall not be refunded. The application shall also be accompanied by copies of detailed written or graphic materials fully explaining the proposed request. The Zoning Administrator shall refer the application along with all related information to the Planning Commission for consideration and report at least 15 days before the next regular meeting.
(B) The Planning Commission shall consider the request at its next regular meeting unless the filing date falls within 15 days of that meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the requested variance.
(C) The Planning Commission, City Council, and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, this information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(D) The Planning Commission shall make a finding of fact and recommend actions or conditions relating to the request to the City Council.
(E) Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the application and/or report and recommendation on the agenda for the next regular meeting. These reports, recommendations, and findings shall be entered in and made part of the written record of the Council meeting.
(F) Upon reviewing the application and/or receiving the report and recommendation of the Planning Commission, the City Council shall take one of the following actions within the time frame established by M.S. § 15.99, as it may be amended from time to time:
(1) Approve or disapprove the request as recommended by the Planning Commission;
(2) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. These modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
(3) Refer the recommendation back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.
(G) Decisions on requests for variances shall be by a majority of those voting on the question. The Zoning Administrator shall notify the applicant of the Council’s action.
(H) The decisions of the Planning Commission shall be advisory to the City Council. The decisions of the City Council shall be final subject to judicial review.
(Ord. 134/94, passed 3-24-94)
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