(A) Procedure.
(1) Request for amendments or variances, as provided within this chapter, shall be filed with the Zoning Administrator or Clerk on an official application form. Such application shall be accompanied by complimentary copies of detailed written and graphic materials fully explaining the proposed change, development, or use. The Zoning Administrator or Clerk shall refer said complete application, along with all related information, to the Planning Commission for consideration and a report at least 15 days before the next regular meeting.
(2) The Zoning Administrator or Clerk, on behalf of the Planning Commission, shall set a date for a public hearing. Notice of such hearing shall be posted as provided by state law at least 10 days prior to the date of the hearing. In the requests for variances, such notice shall also be mailed not less than 10 days to all abutting property owners of record according to the county assessment records of the property to which the request relates. And if the variance to this chapter relates to lands located within 1000 feet of the Sunrise Pools or Unnamed Lake or within 300 feet of Sunrise River, a notice shall be mailed to the Commissioner of Natural Resources or his or her authorized agent at least 10 days prior to such hearings. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator or Clerk and made part of the official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.
(3) The Planning Commission shall consider the request and hold a public hearing at its next regular meeting unless the filing date falls within 15 days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Zoning Administrator or Clerk shall refer the application, along with all related information, to the Planning Commission for consideration. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed amendment.
(4) In requests for variances, the Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Planning Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission 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 recommended when the Planning Commission finds:
(a) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(b) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which property is situated;
(c) That the variance is to correct inequities resulting from an extreme physical hardship such as topography, soils, wetlands, and the like.
(5) Within 60 days from the date of the public hearing, the Planning Commission shall make a recommendation and in requests for variances shall also make a finding of fact to the Council.
(6) Upon receiving the recommendation of the Planning Commission, or until 60 days after the public hearing at which the request was considered, the Council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the Council meeting.
(7) (a) Upon receiving the recommendation of the Planning Commission, the Council shall either:
1. Approve or disapprove the request as recommended by the Planning Commission; or
2. Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. Such 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 future consideration. This procedure shall be followed only 1 time on a single action.
(b) Approval of a request shall require passage by two-thirds vote of the full Council. The Zoning Administrator or City Clerk shall notify the applicant of the Council's action.
(8) Variance decisions affecting all or part of any land located within 1000 feet of the Sunrise Pools and Unnamed Lake or 300 feet of the Sunrise River shall be mailed to the Commissioner of Natural Resources or his or her authorized agent within 10 days of the decision. On lands located within 300 feet of the Rum River no approval of a variance shall be final until the decision is approved by the Commissioner of Natural Resources, or until 30 days have lapsed since the Commissioner received the notice of the decision.
(B) Lapse of variance. Whenever within 1 year after granting a variance the work as permitted by the variance shall not have been completed, then such variance shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Council. Such extension shall be requested in writing and filed with the Zoning Administrator or Clerk at least 30 days before the expiration of the original variance. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted by the variance. Such petition shall be presented to the Planning Commission for a recommendation and to the Council for a decision and shall be made only one time for a single action.
(Prior Code, § 1001.08)