(A) No variance in the provisions or requirements of this chapter shall be authorized by the Board of Adjustment, unless it finds evidence that all the facts and conditions exist:
(1) There are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and in the same vicinity. The possibility of increased financial return shall not in itself be deemed sufficient to warrant a variance.
(3) The authorizing of a variance will not be of substantial detriment to adjacent property and will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this chapter or the public interest.
(4) The condition or situation of the specific piece of property, or the intended use of the property, for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for the conditions or situation.
(5) In granting a variance, the Board of Adjustment may impose conditions to insure compliance and to protect adjacent properties. The Board of Adjustment may not permit as a variance any use that is not permitted under this chapter for the property in the district where the affected person’s land is located.
(B) Requests for a variance or appeal shall be filed with the Clerk/Treasurer and shall be accompanied by a fee, as required by Council resolution, along with material explaining the request.
(1) The Planning Commission shall consider the request at its next regular meeting and shall make a recommendation to the City Council (Board of Adjustment) within a time period so as to comply with M.S. § 15.99, “Time Deadlines for Agency Action,” as it may be amended from time to time.
(2) Upon receiving the recommendation of the Planning Commission the Board of Adjustment shall set and hold a public hearing on the request. Notice of the hearing shall be mailed not less than ten days nor more than 30 days to property owners within 350 feet of the affected parcel as determined by the Zoning Administrator. The notice shall also be published in the official newspaper within the above time period. Failure of a property owner to receive the notice shall not invalidate any proceedings.
(3) A variance of this chapter shall be by two-thirds vote of the full Board of Adjustment.
(4) Within a time period consistent with the requirements of M.S. § 15.99, as it may be amended from time to time, the City Council acting as the Board of Adjustment shall make its order deciding the matter and serve a copy of the order upon the petitioner by mail.
(C) If within one year after granting a variance the work permitted is not started, a variance shall become null and void unless a petition for an extension has been approved by the City Council.
(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00)