(A)

The City Council, acting as the Board of Zoning Appeals, may hear requests for variances 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 to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 2, as it may be amended from time to time, when in harmony with the ordinance. The Council may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The Council may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Council may impose conditions in the granting of variances to insure compliance and to protect adjacent properties.

(B)

No use variances may be issued.

(C)

A variance may be granted only in the event that the following circumstances exist:

(1)

Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of this chapter have had no control;

(2)

The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

(3)

The special conditions or circumstances do not result from the actions of the applicant;

(4)

The granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or building or in the same district;

(5)

The variances requested is the minimum variances which would alleviate the hardship; (Economic conditions alone shall not be considered a hardship.)

(6)

The variance would not be materially detrimental to the purposes of this chapter or to other property in the same zone; and/or

(7)

The proposed variances will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The Board of Zoning Appeals may impose the restrictions and conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of the variance upon other properties in the neighborhood, and to better carry out the intent of the variances.

(Ord. 164, passed 9-14-1982)

The following are required exhibits:

(A)

Abstractors property certificate showing property owners' names and addresses within 350 feet of the outer boundaries of the property question;

(B)

The boundary survey and preliminary buildings and site development plan; and/or

(C)

Evidence of ownership or enforceable option on the property.

(Ord. 164, passed 9-14-1982)

The procedure for obtaining a variance from the regulations of this chapter are as follows.

(A)

The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.

(B)

The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a filing fee as established by ordinance enacted by the City Council.

(C)

The Zoning Administrator shall transmit the application to the Board of Appeals for review and shall notify all property owners within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive the notification shall not invalidate the proceedings.

(D)

The Board of Appeals shall hold a public hearing on the proposed variance.

(E)

No application by a property owner for a variance shall be submitted to the Board of Zoning Appeals within six-month period following a denial of the request, except the Board of Zoning Appeals may permit a new application if, in the opinion of the Board of Zoning Appeals, new evidence of change or circumstances warrant it.

(F)

The Board of Zoning Appeals may revoke a variance if any conditions established by the Board as part of granting the variance request are violated.

(Ord. 164, passed 9-14-1982)

Notwithstanding anything in this chapter to the contrary, the provisions of M.S. § 15.99, as it may be amended from time to time, and the following sections shall govern the process for making decisions under this chapter. To the extent to which these sections conflict with the provisions of M.S. § 15.99, as it may be amended from time to time, the provisions of that statute shall apply.

(A)

Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, land use permit, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons for its rejection, including what information is missing. This rejection shall be sent by first-class mail to the applicant. Every application shall contain the legal description of the property and a statement of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city from requesting additional information from the applicant upon which to base a decision.

(B)

If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court.

(A)

As required by M.S. § 15.99, as it may be amended from time to time, the following provisions apply to the process for approving or denying applications for a zoning amendment, site plan, conditional use permit, land use permit, variance, or any other application which requires a city approval under this chapter.

(B)

The city shall take final action to approve or deny an application described above within 60 days of receiving an application, unless the application is not accepted under § 153.433. If the city cannot take action to approve or deny the application within 60 days of receiving the application, the Zoning Administrator is authorized before the end of the initial 60-day period, to make a one-time extension of the time for taking action by providing written notice by first-class mail to the applicant of the extension, the reasons for the extension, and its anticipated length, which may not exceed an additional 60 days unless approved by the applicant in writing.

(C)

When the final action to approve or disapprove an application is to be taken by the City Council, the Planning Commission or the Board of Appeals and Adjustments, if a vote on a resolution or properly made motion to approve the application fails for any reason, the failure shall constitute a denial of the application, provided that those voting against the motion state on the record the reasons why they oppose the application. A denial of an application because of a failure to approve a resolution or motion does not preclude an immediate submission of a same or similar application.

(D)

Except as provided in subsection (C), if the application is denied by the City Council, Planning Commission or Board of Appeals and Adjustments, whichever body has the authority to make the final decision to approve or deny an application, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial. If this written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the application but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption.

(E)

If the decision to deny the request is made by the Zoning Administrator or other city official, the official must state in writing the reasons for the denial at the time the official denies the request.

M.S. § 15.99, as it may be amended from time to time, provides for certain exceptions to the time limits established in § 153.435. These exceptions are as follows. If the provisions of M.S. § 15.99, as it may be amended from time to time are inconsistent with this section, then the provisions of that statute shall apply.

(A)

The time limit in § 153.435 is extended if a state statute, federal law, or court order requires a process to occur before the city acts on the application, and the time periods prescribed in the state statute, federal law, or court order make it impossible to act on the application within 60 days. In cases described in this paragraph, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law, or order. Final approval of the city receiving an application is not considered a process for purposes of this section.

(B)

The time limit in § 153.435 is also extended if: (1) an application submitted to a state agency requires prior approval of a federal agency; or (2) an application submitted to the city, requires prior approval of a state or federal agency. In cases described in this section, the deadline for action is extended to 60 days after the required prior approval is granted.

Sections 153.433, 153.434, and 153.435 shall not apply to any request for action under the city's Subdivision Regulations or under M.S. § 462.358 or Chapter 505, as they may be amended from time to time. Neither shall they apply to a request for a building permit.

Any firm, person or corporation who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine and/or imprisonment as provided in § 10.99.

(Ord. 164, passed 9-14-1982)