(A) General. Variations from the provisions of this chapter may be granted by the Board of Appeals only in instances where the strict enforcement of this chapter would cause undue hardship because of circumstances unique to the individual property under consideration, and only when it is demonstrated that the variance will be in keeping with the spirit and intent of this chapter. Undue hardship, as used in connection with the granting of a variance means 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 the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section M.S. § 216C.06, Subd. 2, as it may be amended from time to time, when in harmony with this chapter. The Board of Appeals may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person’s land is located. The Board may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The Board may impose restrictions and conditions upon the premises benefitted by a variance as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done.
(B) Exhibits. Application for variances shall be accompanied by the boundary survey and site plan as required for building permit applications.
(C) Application procedure. The procedure for applying for a variance from the regulations of this chapter shall be as follows.
(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.
(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay the required filing fee.
(3) The Zoning Officer shall transmit the application and one copy of the exhibits to the Chair of the Board of Appeals and Planning Commission.
(4) The Planning Commission shall consider the application for variance and make recommendations to the Board of Appeals.
(5) The Board of Appeals may hold public hearings as it may consider necessary on a proposed variance.
(D) Standards for granting variance. The Board of Appeals may vary the regulations of this chapter when supporting evidence in each specific case indicates that:
(1) Because of the particular physical surroundings, shape, or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property with the same zoning classification;
(3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land;
(4) The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land;
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located;
(6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity; and
(7) Adherence to the regulations of this chapter would create an undue hardship because of inadequate access to direct sunlight for solar energy systems.
(1997 Code, § 25.12) (Ord. passed 11-14-1994)