The Board of Adjustment is hereby established and invested with the authority as is hereinafter provided and as provided by M.S. §§ 394.21 through 394.37, as they may be amended from time to time.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   The members of the Board of Adjustment shall be appointed by the Board of County Commissioners. There shall be at least one member from the unincorporated areas of the county. Any elected officer of the county or employee of the County Board shall be excluded from membership on the Board of Adjustment.

   (B)   Number. The Board of Adjustment shall consist of seven members of which one member shall be a member of the County Planning Commission whose term shall coincide with the term he or she has on the County Planning Commission.

   (C)   Terms. Terms of the members of the Board of Adjustment, except for the Planning Commission member, shall be staggered three-year terms.

   (D)   Compensation. The members of the Board of Adjustment shall serve with compensation as the County Board may from time to time establish including payment of expense necessary to conduct the business of the Board.

   (E)   Conflict of interest. Any question of when a particular issue involves a conflict of interest is sufficient to disqualify a regular Board member from voting thereon shall be decided by a majority vote of all Board members except the member who is being challenged.

   (F)   Removal. The County Board of Commissioners may remove any members of the Board of Adjustment for nonperformance of duty or misconduct in office and may fill vacancies for any unexpired term.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   The Board of Adjustment shall elect a chairman and vice-chairman from its members and shall appoint a secretary who need not be a member of the Board. It shall adopt rules for the transactions of its business and the rules may include provisions for the giving of oaths.

   (B)   The meetings of the Board of Adjustment shall be held at the call of the chairman and at other times as the Board in its rules of procedure may specify.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   The Board of Adjustment shall have the exclusive power to:

   (A)   Order the issuance of variances from the terms of any official control including restrictions placed on nonconformity;

   (B)   Hear and decide appeals from and review any order, requirement or decision or determination made by any administrative official charged with enforcing any ordinances adopted pursuant to the provisions of M.S. §§ 394.21 and 394.27, as they may be amended from time to time. Appeals may be taken by any person aggrieved or by any officer, department, board, municipality or other unit of government;

   (C)   Order the issuance of permits for buildings in the area designated for future public use on an official map;

   (D)   Perform other duties as required by the official controls.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   Filing. The appeal shall be filed with the Department within 30 days of the action that is being appealed and shall include specifically the order, requirement, decision, or determination which is being appealed, the requested remedy, and shall state the reasons for appeal. The Department shall prepare a report and refer the appeal to the County Board of Adjustment for a decision. The appeal shall be heard at a public hearing by the Board of Adjustment. The Board shall give due notice thereof to the appellant and the officer from whom the appeal is taken and to the public.

   (B)   Stay of action. The filing of an appeal stays all proceeding and furtherance of the action appealed from unless the Board of Adjustment to whom the appeal is taken certifies that by reason of the facts stated in the certificate the stay would cause imminent peril to life or property.

   (C)   Decision. The Board of Adjustment may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and to that end shall have all of the powers of the officer from whom the appeal was taken and may direct issuance of the permit. The Board’s decision shall be by the adoption of an order. The order shall include the findings of fact supporting the Board’s decision. The Board shall not act on an appeal in such a fashion as to violate the comprehensive plan or violate any state or federal law or rule. The Board shall act in such time as required to comply with state law.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   Prior to submission of a variance application, the person applying for a variance shall submit a concept plan and meet with the Department to discuss the application. Through the pre-application, the Department may summarize the informational requirements and issues related to the specific variance request.

      (1)   A variance shall only be permitted when the following can be found as fact:

         (a)   The variance is in harmony with the general purpose and intent of the official control.

         (b)   The variance is consistent with the intent of the comprehensive plan.

      (2)   In addition, a variance may be granted when the applicant establishes a practical difficulty in complying with the official control. A practical difficulty is established when the following items are found as fact:

         (a)   The property owner proposes to use the property in a reasonable manner not permitted by an official control.

         (b)   The plight of the landowner is due to circumstances unique to the property, not created by the landowner.

         (c)   The variance will not alter the essential character of the locality.

         (d)   The practical difficulty includes more than economic considerations alone.

   (E)   In consideration of an after-the-fact variance request, and in addition to the criteria listed in § 152.215(D), the Board of Adjustment shall take into consideration and weigh the following:

      (1)   Whether or not the applicant acted in good faith or attempted to comply with this chapter.

      (2)   Whether a substantial investment of money has been made.

      (3)   Whether the construction is fully completed.

      (4)   Whether there are similar structures or similarly situated structures in the area.

      (5)   Whether the benefit to the county is outweighed by the burden on the applicant, if the applicant is required to comply with this chapter.

      (1)   No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located.

      (2)   Inadequate access to direct sunlight for solar energy systems is considered a practical difficulty.

      (3)   Variances shall be granted for earth shelter construction as defined in M.S. § 216C.06, subd. 14, when in harmony with the official controls.

      (4)   The Board of Adjustment may impose conditions on the granting of any variance pursuant to § 152.216(B).

      (5)   Granting of the variance shall not have the effect of violating a state or federal rule or law.

      (8)   That the granting of the variance will not materially, adversely affect the health or safety of persons residing or working in the area adjacent to the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the area adjacent to the property of the applicant.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

   If the work, as permitted by the variance, is not completed within one year after the granting of the variance, then the variance shall become null and void, unless a request for extension of time in which to complete the work has been granted by the Board of Adjustment. In order to obtain an extension the applicant must file a written request with the Department at such time as the request can be placed on the Board of Adjustment agenda prior to the expiration of the variance. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance. There shall be no charge for the filing of the request.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   An applicant cannot request the re-hearing of a variance request or appeal for a period of one year. An applicant may request the re-hearing of a request for a variance or an appeal that has been denied when substantial new information is obtained which is relevant to the issue. The Board of Adjustment shall then re-hear the issue at another duly called public hearing.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)