A.   Purpose: The purpose of this chapter is to provide for deviations from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this ordinance.

   B.   Criteria For Granting Variances: The planning commission shall hear and the city council serving, as the board of adjustments and appeals, shall make findings of fact that the proposed variance from the literal provisions of this chapter be granted or denied pursuant to the requirements of Minnesota statutes section 462.357 and any amendments thereto, which include, but are not limited to, the following considerations:

      1.   Variances shall only be permitted when they are in harmony with the general purpose and intent of city code and consistent with the comprehensive plan.

      2.   Variances may only be permitted when the applicant establishes that there are noneconomic practical difficulties in complying with the zoning ordinance, meaning the property owner proposes to use the lot or parcel in a reasonable manner not permitted by the zoning code.

      3.   The plight of the property owner must be due to circumstances that are unique to the lot or parcel and is not created by the property owner.

      4.   The variances must not alter the essential character of the locality including all zoning district and overlay district provisions.

      5.   The board of adjustments and appeals shall have the sole discretion to consider whether any variance request meets the criteria herein.

      6.   The request is not a use variance.

      7.   Variance requested is the minimum variance necessary to accomplish the use of the property in a reasonable manner.

   C.   Application For Variance: Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure or building.

   D.   Council May Grant Variance; Planning Commission To Advise And Recommend Conditions: Should the council find that the conditions outlined heretofore apply to the proposed lot or parcel, the council may grant a variance from the strict application of this ordinance so as to relieve such practical difficulties to the degree considered reasonable, provided such relief may be granted without impairing the intent of this ordinance. The planning commission, in the case of major variance, based upon a report and recommendation by the city staff, shall have the power to advise and recommend such conditions related to the variance regarding the location, character and other features of the proposed building, structure, or use as it may deem advisable in the interest of the intent and purpose of this ordinance. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2015-01, 2-17-2015)

   A.   Minor Variances:

      1.   Purpose: The purpose of this subsection is to provide for an expeditious method of processing variance requests.

      2.   Qualifications: Requests qualifying as minor variances must meet one of the following criteria:

         a.   Cases where hardship to existing buildings or platted property are created as a result of public action or change in city code standards (exception: shoreland and wetland regulations).

         b.   Structure or setback deviations which are characteristic of and common to neighboring uses and which do not exceed five feet (5').

      3.   Processing:

         a.   Requests for a minor variance shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee established by section 3-1-3 of the city code. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials necessary for the explanation of the request.

         b.   The zoning administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and provide general assistance in preparing a recommendation on the action to the council.

         c.   The city shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this ordinance. Failure of any applicant to supply all necessary supportive information may be grounds for denial of the request.

         d.   The council shall review the application and may, upon its option, conduct a public hearing (no notice or publication required) on the request. The city council may also make a determination and require that the matter be processed as a major variance.

         e.   The applicant or a representative shall appear before the council in order to answer questions concerning the proposed variance request.

         f.   The council shall make findings of fact and shall decide whether to approve or deny a request for variance within forty (40) days after the public hearing on said request or forty (40) days after the date at which the matter was first considered.

         g.   A variance of this ordinance shall be granted by a majority vote of the council.

         h.   All decisions by the council involving a variance request shall be final; except, that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Wright County district court.

         i.   If a request for variance receives approval of the city council, the applicant shall record such with the county registrar of titles. The applicant, immediately upon recording such, or as soon as reasonably possible, shall furnish the city proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the city.

   B.   Major Variances:

      1.   Classification: All variances which are not classified as "minor" shall be deemed "major" variances.

      2.   Processing:

         a.   Request for variance, as provided within this ordinance, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee established by section 3-1-3 of the city code. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within three hundred fifty feet (350') of the subject property obtained from and certified by Wright County or the city. The request for variance shall be placed on the agenda of the first possible planning commission meeting occurring after twenty one (21) days from the date of submission. The request shall be considered as being officially submitted when all the information requirements are complied with.

         b.   Upon receipt of said application, the zoning administrator shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description of the request, and be published in the official newspaper at least ten (10) days prior to the hearing, and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the boundary of the property in question.

         c.   Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this ordinance.

         d.   The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the council.

         e.   The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this ordinance. Failure of an applicant to supply all necessary supportive information may be grounds for denial of the request.

         f.   The applicant or representative thereof shall appear before the planning commission to answer questions concerning the proposed variance.

         g.   The planning commission shall make findings of fact and recommend approval or denial of the request. The planning commission shall reach a decision within sixty (60) days after the first regular meeting at which the variance request was considered by the commission. The commission's recommendation and the city staff's report shall be presented to the council.

         h.   The city council shall not grant a variance until they have received a report and recommendation from the planning commission or until sixty (60) days after the first regular planning commission meeting at which the request was considered.

         i.   Upon receiving the report and recommendation of the planning commission, the city administrator shall place the report and recommendation on the agenda for the next regular city council meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

         j.   The council shall review the application and may, at its option, conduct a public hearing on the request.

         k.   The council shall make findings of fact and approve or deny a request for variance within sixty (60) days after receipt of the planning commission's recommendation.

         l.   A variance of this ordinance shall be granted by a majority vote of the council.

         m.   All decisions by the council involving a variance request shall be final; except, that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Wright County district court. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-3, 3-4-1996; 2005 Code; Ord. 2009-005, 3-2-2009)

   A.   Whenever an application for a major or minor variance has been considered and denied by the city council, a similar application and proposal for a variance affecting either a portion or all of the same property shall not be considered again by the planning commission or city council for at least one year from the date of its denial, except as follows:

      1.   Applications are withdrawn prior to the city council taking action on the matter.

      2.   If the city council determines that the circumstances surrounding a previous application have changed significantly.

      3.   If the city council decides to reconsider such matter by a four-fifths (4/5) vote of the entire city council.

   B.   If a request for variance receives approval of the city council, the applicant shall record such with the county registrar of titles. The applicant, immediately upon recording such, or as soon as reasonably possible, shall furnish the city proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the city. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-3, 3-4-1996; 2005 Code)

If, within one year after granting a variance, the use as allowed by the variance shall not have been initiated or utilized, then such a variance shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the council. Such extension shall be requested in writing and filed with the zoning administrator at least thirty (30) days before the expiration of the original variance or appeal. 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 or use the approved variance appeal. Such petition shall be presented to the council for decision. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

   A.   Upon approval of a variance, the city shall be provided, where deemed necessary by the council, with an irrevocable letter of credit, surety bond, cash escrow, certificate of deposit payable to the city, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the variance and city regulations.

   B.   The security shall be in the amount equal to one hundred twenty five percent (125%) of the city engineer's or building official's estimated costs of labor and materials for the proposed improvements or development.

   C.   The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance and city regulations has been issued by the building official.

   D.   Failure to comply with the conditions of the variance and city regulations shall result in forfeiture of the security.

   E.   Whenever a performance guarantee is imposed by the city, the applicant shall be required to enter into a performance agreement with the city. This agreement is to provide authorization to the city to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the variance or city regulations. Said agreement shall hold harmless the city for completion of the work and address other matters as may be determined by the city attorney. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)