A. Findings: The City Council may approve a variance from the minimum standards of this title (not procedural provisions) when, in its opinion, exceptional and undue hardship may result from strict compliance. In approving any variance, the City Council shall prescribe any conditions that it deems necessary to or desirable to the public interest. In making its approval, the City Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be approved when the City Council finds that each and every one of the following apply:
1. That there are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land.
2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated.
3. That the granting of the variance will not increase the flood hazard or flood damage potential.
4. That the use proposed by the applicant would not result in a stage increase violating the requirements of Minnesota Statutes chapters 104 and 105, as such chapters may be amended or replaced from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency.
5. That the variance is to correct inequities resulting from an extreme physical hardship such as topography.
6. Hardships relating to economic difficulties shall not be considered for the purpose of granting a variance.
7. That the hardship is not a result of an action or actions by the owner, applicant or any agent thereof. (Prior Code § 21-10-4)
B. Procedures:
1. Request For Variance: Request for variances, as provided in this section, shall be filed with the City on an official application form. Such application shall be accompanied by a fee as provided by section 3-1-2 of this Code. Such application shall also be accompanied by five (5) copies large scale and thirteen (13) reduced scale (not less than 11 inches by 17 inches) copies of detailed written and graphic materials fully explaining the proposed change, development, or use. If, in the opinion of the Zoning Administrator, reduced scale drawings (11 inches by 17 inches) are determined to be illegible, the submission of larger scale materials shall be required. The scale of such materials shall be the minimum necessary to ensure legibility. The request for variance shall be placed on the agenda of the first possible Planning Commission meeting occurring after fifteen (15) working days from the date of submission of the application. The request shall be considered as being officially submitted when there is compliance with all the information requirements. (Prior Code § 21-10-4; amd. 2018 Code)
2. Proof Of Ownership Or Authorization: The applicant shall supply proof of title and the legal description of the property for which the variance is requested, consisting of an abstract of title or registered property abstract currently certified, together with any unrecorded or equitable ownership interest and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested variance.
3. Public Hearing; Notice Requirements:
a. Upon receipt of said application, the City shall set a public hearing following property hearing notification as applicable. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description and description of request, and be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of said hearing shall be mailed to surrounding area property owners at least ten (10) days prior to the hearing. Requests affecting and located within platted areas of the City shall be noticed to all property owners within three hundred fifty feet (350') of the property in question. Requests affecting and located within nonplatted areas of the City shall be noticed to all property owners within five hundred feet (500') of the property in question. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding.
b. For properties within the Shoreland Overlay Districts, the Wild and Scenic River Corridor District, and/or the Floodway or Flood Fringe Overlay Districts, the City shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10) days' notice of the hearing.
c. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this section, provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
4. Recommendation To City Council:
a. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Council.
b. The City Council, Planning Commission, 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, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure of an applicant to supply all necessary supportive information may be grounds for denial of the request.
c. The applicant or a designated representative thereof shall appear before the Planning Commission to answer questions concerning the proposed variance.
d. The Planning Commission shall make findings of fact and recommend approval or denial of the request. The Planning Commission shall reach a decision within sixty (60) days after the first regular meeting at which the variance request was considered by the commission. The commission's recommendation and the City staff's report shall be presented to the Council.
C. City Council Action:
1. The City Council shall not act upon a variance or appeal until they have received a report and recommendation from the Planning Commission or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered.
2. Upon completion of the report and recommendation by the Planning Commission, the request shall be placed on the agenda of the City Council for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
3. Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Council shall have the option to set and hold a public hearing if deemed necessary.
4. If, upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
5. A variance of this title shall require passage by a four- fifths (4/5) vote of the entire City Council.
D. Additional Variance Requests: Whenever an application for a variance has been considered and denied by the City Council, a similar application and proposal for the variance affecting the same property shall not be considered again by the Planning Commission or City Council for at least one year from the date of its denial except as follows:
1. Applications are withdrawn prior to the City Council taking action on the matter.
2. If the City Council determines that the circumstances surrounding a previous application have changed significantly.
3. If the City Council decides to reconsider such matter by a four-fifths (4/5) vote of the entire City Council. (Prior Code § 21-10-4)