Center City City Zoning Code
CHAPTER 194
VARIANCES
§ 194.01 PURPOSE.
The purpose of this chapter is to provide for deviations from the literal provisions of this title 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 title.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.02 BOARD OF ADJUSTMENTS AND APPEALS.
The City Council shall act as the Board of Adjustments and Appeals.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.03 UNDUE HARDSHIP.
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 this title, 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 otherwise exists under the terms of the title. UNDUE HARDSHIP also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.04 APPLICATION AND PROCEDURE.
Pursuant to M.S. § 15.99, an application for a variance shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city processing requirements are as follows:
(A) A pre-application meeting may be required by city staff at which the appropriate application procedures, requirements, and applicable provisions relating to the request will be reviewed and explained.
(B) Request for a variance or appeal shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as set forth in the city fee schedule. This fee shall not be refunded. Unless modified by the Zoning Administrator, such application shall also be accompanied by 15 copies of detailed written and graphic materials necessary for the explanation of the request, and a list of property owners located within 350 feet of the subject property obtained from and certified by an abstract company.
(C) The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:
(1) A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this title.
(2) Supporting materials, as outlined in § 199.05 (Information Requirement) of this title, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.
(D) Upon receipt of a complete application, as determined by the Zoning Administrator, the City Clerk 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 Board. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least 10 days prior to the hearing. Written notification of said hearing shall be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question.
(E) Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this chapter.
(F) 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 Board.
(G) 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 is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title to ensure compliance with and to protect adjacent properties and the public interest. Failure of the applicant to supply all necessary supportive information may be grounds for denial of the request.
(H) The Planning Commission shall make findings of fact and recommend approval or denial of the request. The Commission’s recommendation and the city staff’s report shall be presented to the Board, and shall be entered in and made part of the permanent written record of the Board meeting.
(I) The Board shall not act upon the variance until the Planning Commission has held a public hearing on the request. The Board shall act upon the request within 60 days from the date of submission, unless an extension has been provided, pursuant to M.S. § 15.99.
(J) Subject to limitations of M.S. § 15.99, if, upon receiving said reports and recommendations of the Planning Commission and city staff, the Board finds that specific inconsistencies exist in the review process and thus the final determination of the Board may differ from that of the Planning Commission, the Board may, before taking final action, refer the matter back to the Planning Commission for further consideration. The Board shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
(K) In granting any variance under the provisions of this title, the Board shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience, and general welfare.
(L) Approval of a request shall require passage by a majority vote of the City Council
(M) The Zoning Administrator shall keep a record of applications and variances and the Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail. A certified copy of any approved variances shall be filed with the County Recorder.
(N) Whenever an application for a variance has been considered and denied by the Board, a similar application for a variance affecting substantially the same property shall not be considered again by the Planning Commission or Board for at least 6 months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or Board for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by a 2/3 vote of the full Board.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.05 CRITERIA.
The Board of Adjustment shall not approve any variance request unless they find failure to grant the variance will result in undue hardship on the applicant, and, as may be applicable, all of the following criteria have been met:
(A) Physical characteristics. Because of the particular physical surroundings, shape, or topographical conditions of the specific parcel 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) Unique to parcel. The conditions upon which an application for a variance is based, are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.
(C) Purely financial. The purpose of the variance is not based exclusively upon a financial hardship, or a desire to increase the value or income potential of the parcel of land.
(D) Self-created. The alleged difficulty or hardship is caused by this title and has not been created by any persons having an interest in the parcel of land and is not a self-created hardship.
(E) Public welfare. 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.
(F) Nuisance avoided. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, or endanger the public safety.
(G) Minimum action. The requested variance is the minimum action required to eliminate the hardship.
(H) Use variance. The requested variance does not involve a use that is not allowed within the respective zoning district.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.06 ENFORCEMENT.
Enforcement of the provisions of this chapter shall be in accordance with Chapter 200 (Enforcement and Penalties) of this title. The city reserves the right upon issuing any variances to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed. Violation of an issued permit or of the provisions of this chapter shall be grounds for review of the variance by the Board of Adjustment.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.07 EXPIRATION OF VARIANCE.
Unless the Board of Adjustment specifically approves a different time when action is officially taken on the request, approvals which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission or the Board, within 1 year of the date of approval unless the applicant has substantially commenced the authorized use or improvement, or unless within 30 days prior to the expiration of the variance the applicant has petitioned for a time extension by completing and submitting a request for an extension, including the renewal fee as set forth in the city fee schedule. Such extension request shall be submitted in writing and shall state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. A request for an extension not exceeding one year shall be subject to the review and approval of the Board. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the Board for a decision.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.08 SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE.
Following the approval of a variance as required by this chapter and prior to the issuing of any building permits or the commencing of any work, the applicant as may be applicable, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the variance approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Chapter 202 (Site Performance Agreement) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.09 CERTIFICATE OF TAXES PAID.
Prior to approving an application for a variance, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the variance application relates.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 194.10 SHORELAND MANAGEMENT OVERLAY DISTRICT.
A variance may not circumvent the general purposes and intent of the Shoreland Management Overlay District. The Commission of the Department of Natural Resources or its assigned agent shall be notified in writing and said notice shall be postmarked at least 10 days in advance of the public hearing of any request of a variance included within the Shoreland Management Area. Notice of final action for any of the applications identified above shall be sent to the Commissioner of the Department of Natural Resources and postmarked within 10 days of final action.
(Ord. 2011-06-07A, passed 6-7-2011)