(A) (1) The Park Rapids Board of Adjustment shall have the exclusive power to order the issuance of variances from the terms of any official controls including restrictions placed on non-conformities. A variance is a modification or variation of the provisions of an official control to a specific piece of property.
(2) Pursuant to M.S. § 462.357, Subd. 6, as it may be amended from time to time, the Board of Adjustment may only grant applications for variances where practical difficulties in complying with the official controls exist and each of the following criteria are satisfied:
(a) The variance is in harmony with the general purposes and intent of the zoning ordinance;
(b) The variance is consistent with the Comprehensive Plan;
(c) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
(d) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
(e) The variance, if granted, will not alter the essential character of the locality.
Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(3) The Planning Commission, at the public hearing must make an affirmative finding on all of the 5 criteria listed in division (2) above in order to recommend the granting of a variance to the Board of Adjustment. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. A variance shall not be granted for a use that is not permitted under this chapter. A variance may be granted to temporarily permit the use of a one-family dwelling as a two-family dwelling.
(4) Variances shall be granted for earth shelter construction as defined in M.S. § 216C.06, Subd. 14, when in harmony with this chapter.
(5) The Planning Commission may recommend that the Board impose conditions upon a variance that relate to the purposes and objectives of this chapter. The Board of Adjustment may impose conditions and the variance shall not be effective until the conditions are fully complied with. A condition imposed in a variance must be directly related to and must bear a rough proportionality to the
impact created by the variance. A conditional variance shall be in effect only as long as the condition is complied with. If a condition is not complied with, the variance may be revoked and the city may pursue the enforcement remedies set forth in § 151.999 herein.
(B) An applicant desiring a variance shall fill out and submit to the Park Rapids Zoning Administrator an application for consideration of variance request form, copies of which are available from the Zoning Administrator. The appropriate fee shall be paid in order for the application to receive consideration by the Board of Adjustment.
(C) Upon receipt of a complete application for a variance, the Zoning Administrator shall make a recommendation, in writing, to the Planning Commission who shall make a recommendation to the Board of Adjustment after conducting a public hearing in accordance with M.S. 462, as it may be amended from time to time and the provisions of this chapter. The Board of Adjustment shall make the final decision within 60 days of the date that a complete application is submitted to the Zoning Administrator.
(D) An appeal of any administrative decision made in the enforcement of this chapter shall be made by filling out and submitting to the Zoning Administrator an application for appeal, which is available from the Zoning Administrator. The appeal shall be heard and decided by the Board of Adjustment within 60 days of the date that the application is submitted to the Zoning Administrator.
(Prior Code, § 66-246) (Ord. passed 1994; Am. Ord. 532, passed 8-23-2011)