(A) Purpose and scope. The variance process is intended to provide limited relief from the strict requirements of this chapter in those cases where the reasonable conditions of a particular requirement will create practical difficulties because of circumstances unique to the property. It is not intended that variances be granted to allow a use not permitted by the underlying zoning district, nor to merely remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant’s act or omission. Variances may be allowed from restrictions placed on non-conformities.
(B) Initiation of proceedings. Variances shall be initiated by an owner of property or an authorized representative of an owner pursuant to authority to file applications.
(C) Application.
(1) All applications for a variance shall be in accordance with the common review procedures and requirements.
(2) In addition to the common review requirements, applications for a variance shall also include the following:
(a) A narrative demonstrating that the criteria for a variance have been met;
(b) A site plan of the property showing all information necessary to allow the city to determine conformance with all zoning provisions and to calculate the specific variance being requested shall include but not be limited to:
1. Property and structure dimensions including height;
2. Building elevations as deemed necessary by the Community Development Department;
3. Setback dimensions/measurements including separation between structures;
4. Parking and access locations, dimensions, and paving, striping and curbing details; and
5. If deemed necessary by the Community Development Department, a survey may be required with the application in addition to a site plan.
(D) Criteria for approving a variance.
(1) A variance may be approved only if these criteria are met:
(a) The request is in harmony with the purposes and intent of this chapter;
(b) The variance is consistent with the Comprehensive Plan; and
(c) The applicant can demonstrate that there are “practical difficulties” in complying with the regulation(s) in question. Determination of whether practical difficulties exist shall be based on the following:
1. The property owner proposes to use the property in a reasonable manner permitted by this chapter;
2. The plight of the land owner is due to circumstances unique to the property not created by the landowner; and
3. The variance will maintain the essential character of the locality.
(2) Practical difficulties include, but are not limited to, inadequate access to direct sun light for solar energy systems.
(3) Economic considerations alone shall not constitute a sufficient basis for a variance if reasonable use for the property exists under the regulation.
(4) Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C, Subd. 14, when in harmony with this chapter.
(5) The City Council may impose conditions in the granting of a variance. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.
(E) City staff review and recommendation. The Community Development Department is authorized to review and provide recommendations to the Planning Commission and City Council in accordance with the procedures and standards of this chapter. At the discretion of the Community Development Director, the Development Review Committee may provide advice on variances.
(F) Planning Commission recommendation and City Council decision. Before any variance is approved, the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The Council shall also hold a public hearing, consider the request(s) in light of the Planning Commission’s recommendation and the variance review criteria listed above, and render a decision. In approving a variance, the Council may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact as to how the request did not meet one or more of the review criteria.
(G) Effect of a variance.
(1) The issuance of a variance shall authorize only the particular variation that is approved by City Council.
(2) A variance, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(H) Subsequent development. Development authorized by the variance shall not be carried out until the applicant has secured all other approvals required by this chapter or any other applicable chapters or regulations. The granting of a variance does not constitute, imply or guarantee the granting of any other such required approval (i.e.: a building permit).
(I) Amendment. A variance may be amended or modified only in accordance with the procedures and standards established for originally securing the variance. A request for a change in the conditions of approval of a variance shall be considered an amendment and subject to the full review procedure set forth in this subsection. An additional application fee shall be required before consideration of the amendment request.
(Ord. 1040, passed 1-5-16)