(A) Authority. Pursuant to Minn. Stat. § 462.357, Subd. 6, as it may be amended from time to time, the Board of Zoning Appeals may authorize such variances from the provisions of this chapter as will not be contrary to the public interest. Variances may be authorized only in those specific instances enumerated in this section thereof, and then only when the Zoning Board of Appeals has made findings of fact as thereinafter required. A variance is a modification or variation of the provisions of this chapter as applied to a specific piece of property.
(B) Procedures.
(1) An application for a variance shall be submitted to the Zoning Administrator. A non-refundable application fee, established from time to time by the City Council to cover administrative costs and costs of the hearing, shall accompany each application. The application shall contain the following information, as well as such additional information as may be prescribed by rule of the Zoning Board of Appeals:
(a) The particular requirements of this chapter which prevent the proposed use or construction;
(b) The circumstances unique to the property which prevent compliance with the said requirements of this chapter;
(c) The minimum reduction of the requirements of this chapter which would be necessary to permit the proposed use or construction; and
(d) The practical difficulty that would result if said particular requirements of this chapter were applied to the subject property.
(2) A public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with § 157.101 of this chapter.
(3) (a) Within 30 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision granting or denying the variance. Such decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications and shall remain a part of the permanent records of the Zoning Board of Appeals. The findings of fact shall specify the reason or reasons for granting or denying the variance. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. A decision rendered in accordance with the terms of this section, which grants a variance, shall be stayed until the next regularly scheduled meeting of the City Council. During that time, the City Council shall have authority to reverse the decision of the Zoning Board of Appeals.
(c) Upon filing of such application for appeal and payment of the applicable fees, the Zoning Administrator shall forward to the City Council the request for hearing of appeal along with the findings of fact of the Zoning Board of Appeals and transcript of hearing held by the Zoning Board of Appeals on the matter.
(d) The City Council shall set a day and time when the said appeal will be held and advertise the said hearing and notify parties of interest as in the original hearing by the Zoning Board of Appeals, and shall conduct the said hearing.
(e) Within 30 days following the close of the public hearing, the City Council may affirm or reverse the action of the Zoning Board of Appeals or return the variance request to the Zoning Board of Appeals for further proceedings.
(f) Notwithstanding the above language, deadlines for action by the Board of Appeals and City Council must meet any applicable requirements as established in state law.
(C) Conditions for permitting a variance.
(1) A variance shall be permitted only if it is established that it is in harmony with the general purposes and intent of this chapter is consistent with the city’s Comprehensive Plan and that there are practical difficulties in complying with this chapter. In its consideration of the standards of practical difficulties, the Zoning Board of Appeals shall require evidence that:
(a) The property owner proposes to use the property in a reasonable manner not permitted by this chapter;
(b) The plight of the owner is due to unique circumstances unique to the property not created by the owner; and
(c) The variance, if granted, will not alter the essential character of the locality.
(2) A variance may be granted only if the evidence, in the judgment of the Zoning Board of Appeals, sustains each of the three conditions enumerated in division (C)(1) above. Variances may. also be permitted if necessary to provide for adequate access to direct sunlight for solar energy systems, or for the construction of earth sheltered buildings, as defined in § 157.002 of this chapter, when the permitting of the variance is in harmony with the general purpose and intent of this chapter.
(3) Economic considerations alone shall not constitute practical difficulties.
(4) Variances shall not be permitted for any use that is not allowed under this chapter for property in the zone where such property is located.
(5) Specific conditions and safeguards may be imposed upon the premises benefitted by a 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 be a violation of this chapter. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(6) No variance permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a building permit for such erection or alteration is issued and construction is actually begun within that period and is thereafter diligently pursued to completion. The applicant may petition the Zoning Board of Appeals for extension of time in which to complete the work. Such extensions shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of such petition. Such petition shall be presented to the Zoning Board of Appeals for a recommendation and to the City Council for final a decision. The extension shall be valid for an additional six months.
(D) Certified copy. A certified copy of the variance shall be filed with the County Recorder.
(Ord. 827, passed 4-19-1983; Ord. 1479, passed 2-6-2012)