Breckenridge City Zoning Code
ARTICLE XIX
Appeals and Variances
§ 190-87 Manner of taking appeals.
An appeal may be taken by any lot owner or applicant from any ruling or order of the Zoning Administrator to the Planning Commission of the City of Breckenridge, Minnesota, acting as a Board of Adjustments and Appeals, in the manner provided by Chapter 29, Planning Commission, of the Code of the City of Breckenridge, and amendments thereto.
§ 190-88 Entering of written reports in permanent record.
All written reports and recommendations to the Board of Adjustments and Appeals from the Planning Commission and the City staff shall be entered in and made part of the permanent written record of the Board's meeting.
§ 190-89 Application procedures; considerations.
A.
Any person may make an application to the Planning Commission of the City of Breckenridge, Minnesota, acting as a Board of Adjustments and Appeals, for a variance from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and where the hardship is of a noneconomic nature. The procedures specified in Chapter 29, Planning Commission, shall be complied with by the Board of Adjustments and Appeals in considering a request for a variance. Such variances shall be granted only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter and only after the following factors are considered:
(1)
The impact the use allowed by the variance may have on the supply of light and air to adjacent property.
(2)
Whether congestion on public streets may be increased and/or whether the safe use of said streets may be diminished.
(3)
Whether the danger of fire is increased.
(4)
Whether the public safety will be jeopardized.
(5)
Whether property values will be unreasonably diminished or impaired within the neighborhood.
(6)
Any other factors deemed appropriate by the Board of Adjustments and Appeals.
B.
The Planning Commission acting as a Board of Adjustments and Appeals may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The Planning Commission acting as a Board of Adjustments and Appeals may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties.
§ 190-90 Appeals to Council and District Court.
Appeals may be taken from any order or decision of the Planning Commission of the City of Breckenridge, Minnesota, acting as a Board of Adjustments and Appeals, to the City Council and subsequently to the District Court in the manner provided by Chapter 29, Planning Commission, of the Code of the City of Breckenridge, and amendments thereto.
