(A) Purpose. The Council, in each case as hereinafter provided, shall have the power to grant adjustments in and exceptions to any of the provisions of this chapter to the extent of the following and no further:
(1) To vary or modify the strict application of any of the regulations or provisions contained in this chapter in cases in which there are practical difficulties or unnecessary hardships in the way of such strict application; and
(2) To permit the extension of a district where the boundary line thereof divides a lot in one ownership at the time of the passage of this chapter.
(B) Application.
(1) Application for any adjustment permissible under the provisions of this section shall be made to the Zoning Administrator in the form of a written application for a permit to use the property or premises as set forth in the application. An application for an adjustment shall be accompanied by payment of a fee in such amount as may be set by motion or resolution of the Council from time to time in addition to the regular building fee, if any.
(2) Upon receipt of any application, such officer shall set a time and place for a public hearing before the Planning Commission on such application. At least ten days before the date of the hearing, a notice of the hearing shall be published once in the official newspaper.
(C) Review and decision. The Commission shall thereupon make its decision upon the application and report its recommendation to the Council within ten days after such hearing. In recommending granting any adjustment or variance under the provisions of this section, the Planning Commission shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulation involved; and in recommending denial, the Commission shall specify the reasons why the variance cannot be adjusted to meet the purposes of this chapter as to light, air, public health, safety, comfort, convenience, or general welfare.
(D) Issuance.
(1) No permit shall be issued under the provisions of this section unless and until it is ordered by the Council. In reporting its decision to the Council, the Planning Commission shall report its findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth the conditions upon which variance is recommended.
(2) Upon receipt of such report, the Council shall by resolution either accept or reject the same and shall either grant or deny the application for the permit according to its own determination of the question involved. In all cases in which adjustments or variances are granted under the provisions of this section, the Council shall require such evidence and guarantees as it deems necessary to ensure compliance with the conditions designated in connection therewith.
(E) Conditions for issuance. The Planning Commission shall not recommend the granting of any application and the Council shall not grant any application unless they find the following facts:
(1) There are special circumstances or conditions affecting the land, building, or use referred to in the application;
(2) The granting of the application is necessary for the preservation and enjoyment of substantial property rights;
(3) The granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; and
(4) At the hearing, the applicant shall present a statement and evidence in such form as the Planning Commission may require, to show these facts.
(F) Form of action taken and record thereof. The Planning Commission and the Council shall provide for a record of their proceedings, which shall include the minutes of their meetings, their findings, and the action taken on each matter heard by them, including final recommendation, decision, and order.
(G) Appeals from the decision of the Council. Any person or persons, or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the Council may seek review by a court of record of such decision, in the manner provided by the laws of the state and particularly by M.S. § 462.357, as it may be amended from time to time.
(2006 Code, § 11.60)