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(A) Generally. Any person desiring to erect or increase the height of any structure or permit the growth of any tree on his property in any manner not in accordance with the regulations prescribed in this chapter may apply to the Board of Zoning Appeals and Adjustments hereinafter provided for, for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations in this chapter would result in practical difficulty or unnecessary hardship, or where the relief granted would not be contrary to the public interest, but would do substantial justice and would be in accordance with the spirit of this chapter. Provided, however, that any variance so allowed may be subject to any reasonable conditions that the Board or Commissioner may deem necessary to effectuate the purposes of this chapter.
(1) Application for any variance permissible under this chapter shall be made to the Board of Zoning Appeals and Adjustments in the form of a written application for a permit, which shall be submitted by certified mail to each member of the Board. All applications shall include a list of the names and addresses of the owners of the land in such areas within 100 feet of the property described in the application.
(2) Upon the receipt of such application and list, the Board shall set a time and place for a public hearing before the Board. At least ten days before the hearing, notice of the hearing shall be published once in the official newspaper, and a copy of the notice shall be mailed to each of the owners referred to in the list. After the public hearing has been held, the Board shall grant or deny the application according to the procedures outlined in § 156.36(B). The Board shall notify the applicant in writing of any denial, giving reasons therefor.
(C) When the Board fails to grant or deny any variance within four months after the last member receives the application, the variance shall be deemed to have been granted by the Board. When the variance is granted by reason of the failure of the Board to act on the variance, the person receiving the variance shall notify the Board and the Commissioner of Transportation by certified mail that the variance has been granted. The applicant shall include a copy of the original application for the variance with this notice to the Commissioner. The variance shall be effective 60 days after this notice is received by the Commissioner, subject to any action taken by the Commissioner pursuant to M.S. § 360.063, Subdivision 6.
(Ord. passed 9-15-77)