Brooklyn Center City Zoning Code
35-240 Variances
35-240VariancesIn instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the City Council shall have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property must be the proximate cause of the hardship, circumstances caused by the property owner or his predecessor in title shall not constitute sufficient justification to grant a variance. The following rules shall govern applications for a variance from the strict requirements of this ordinance:1)Proceduresa)A "Variance" application shall be initiated by the owner of the subject property or his authorized agent. The application shall be referred to the Board of Adjustments and Appeals for public hearing, study, and report and may not be acted upon by the City Council until it has received the recommendation of the Board, or until seventy-eight (78) days have elapsed from the date of referral of the application without a report by the Board. The date of referral is defined as the date of the public hearing.b)The applicant shall fill out and submit to the Secretary of the Board of Adjustments and Appeals a "Variance" application, copies of which are available at the municipal offices, together with a fee in an amount as set forth by City Council resolution. The application shall be filed with the Secretary of the Board at least fourteen (14) days before the date of the public hearing.c)The Secretary of the Board of Adjustments and Appeals shall refer the matter to the Board by placing the application upon the agenda of the Board's next regular meeting; provided, however, that the Secretary may, with the approval of the Chairman of the Board, place the application on the agenda for a special meeting of the Board of Adjustments and Appeals.d)No less than seven (7) days before the date of the hearing, the Secretary to the Board of Adjustments and Appeals shall mail notice of the hearing to the applicant and to the property owners or occupants within 150 feet (including streets) of the subject property. The failure of any such owner or occupant to receive such notice shall not invalidate the proceedings thereunder.e)The Board of Adjustments and Appeals shall report its recommendations to the City Council not later than sixty (60) days following the date of referral to the Board.f)The application and recommendation of the Board of Adjustments and Appeals shall be placed on the agenda of the City Council within eighteen 18) days following the recommendation of the Board, or in the event the Board has failed to make a recommendation, within seventy-eight (78) days of the date of referral to the Board.g)The City Council shall make a final determination of the application within forty-eight (48) days of the recommendation by the Board of Adjustments and Appeals, or in the event the Board has failed to make any recommendation, within one hundred and eight (108) days of referral to the Board.h)The applicant or his agent shall appear at each meeting of the Board of Adjustments and Appeals and of the City Council during which the application is considered. Furthermore, each applicant shall provide for the Board or the City Council, as the case may be, the maps, drawings, plans, records or other information requested by the Board or the City Council for the purpose of assisting the determination of the application.i)The Secretary of the Board of Adjustments and Appeals following the Board's action upon the application, the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.2)Standards for Variances The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board shall not recommend and the City Council shall in no case permit as a variance any use that is not permitted under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met:a)Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.b)The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification.c)The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land.d)The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.3)Conditions and Restrictions The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties.