A variance from the provisions and requirements of this ordinance may be authorized by the board of adjustment in specific cases where, owing to special conditions, the strict and literal enforcement would result in exceptional and practical difficulties.

Any person, firm, corporation or any other organization or entity having an interest in real property that is subject to the provisions of this ordinance may apply for a variance from these provisions.

A.

Application.

1.

The applicant requests the proper form for a variance from the zoning administrator. The application shall contain the following information:

a.

Name and address of the owner and applicant.

b.

Legal description and local address of the affected property.

c.

The specific provision of this ordinance from which the variance is being requested.

d.

Statement of what is intended to be done on or with the property, which does not conform to the provisions of this ordinance.

e.

Detailed site plan as required in this ordinance.

f.

Statement detailing that the strict application of the provisions of this ordinance would result in practical difficulties inconsistent with its general purpose and intent.

g.

Statement illustrating that there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the zoning district vicinity.

h.

Statement supporting the fact that the granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvement in such zone or neighborhood in which the property is located.

i.

Signature of the applicant.

j.

Any other information or exhibits as required by the board of adjustment necessary to make findings and determinations on the application.

2.

The zoning administrator shall have the option of deleting any informational requirements determined to be not applicable to the particular application.

3.

The completed application shall be filed with the zoning administrator accompanied by the fee as set by the county board.

B.

Application processing.

1.

Upon receipt of the application, the zoning administrator shall forward a copy of the completed application and attachments to the board of adjustment.

2.

The zoning administrator shall place the application for a variance on the agenda for a public hearing at the next meeting of the board of adjustment. The meeting shall be held within 60 days but not sooner than ten days of the filing of a complete application.

3.

The zoning administrator shall give proper notice of the public hearing in the following manner:

a.

Notice of the time, place and purpose of the public hearing shall be given by publication in a newspaper of general circulation in the town, municipality or other area concerned, and in the official newspaper of the county at least ten days before the hearing.

b.

Written notice of the time, place and purpose of the public hearing shall be mailed at least ten days but not more than 30 days prior to the hearing to:

(1)

All property owners of record for property located in incorporated areas within 500 feet of the affected property.

(2)

All property owners of record within 500 feet of the affected property, or to the ten properties nearest to the affected property, whichever would provide notice to the greatest number of owners, in unincorporated areas.

(3)

The affected board of township supervisors and the city council of any municipality within two miles of the affected property.

(4)

The commissioner of the department of natural resources if the affected property is within a shoreland management or recreation river district.

c.

For the purpose of giving mailed notice, the current records on file in the office of the county treasurer shall be deemed sufficient. The failure of any property owner to receive written notice or any defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the notification requirements has been made. Property owners of record shall not include recorded contract for deed vendors.

d.

A copy of the notice and a list of property owners and addresses to which the notice was sent shall be made a part of the record.

e.

The board of adjustment or delegation thereof shall view the property being considered for a variance prior to the public hearing.

C.

Public hearing.

1.

The board of adjustment shall hold at least one public hearing on the proposed variance.

2.

The applicant or his representative shall appear before the board of adjustment in order to answer questions concerning the variance application.

3.

All proposed variances from the provisions of this ordinance, when requested by the board of adjustment, shall be reviewed by the county soil and water conservation district, county surveyor, county highway engineer, county board of health, and any other appropriate county office to determine the adequacy to accommodate the variance requested.

4.

The board of adjustment and appropriate county staff shall have the authority to request additional information from the applicant or to retain expert testimony at the expense of the applicant in order to establish performance conditions in relation to pertinent sections of this ordinance.

5.

The applicant for a variance which in the opinion of the board of adjustment may result in a material adverse effect on the environment may be requested by the board to demonstrate the nature and extent of such effects.

6.

An accurate record of all testimony shall be kept by the secretary of the board of adjustment. This record shall include the names of all persons testifying or otherwise participating in the hearing.

7.

On the request of the zoning administrator or chairman of the planning commission, the board shall continue said hearing for a reasonable time, keeping within the time limits required by Minn. Stat. § 15.99, in order to allow the planning commission or its authorized representative to review and report to the board on the application and any conditions necessary for granting of the request. Time limitations may be waived for good cause.

D.

Variance findings. "No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located." Minn. Stat. § 394.27, subd. 7 (2006). Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official controls.

1.

Is the proposed use of the property allowed in the land use district in which the property is located?

2.

Is the variance requested due to the circumstances unique to the property and not created by the landowner?

3.

Is the variance consistent with the general purposes and intent of this ordinance?

4.

Is the variance consistent with the county comprehensive land use plan and the official map?

5.

Does the property owner propose to use the property in a reasonable manner not permitted by an official control?

6.

Can the practical difficulties be alleviated by some other feasible method for the applicant to pursue other than a variance?

7.

Are the practical difficulties claimed by the applicant based solely upon economic considerations alone?

8.

Is the proposed variance due to inadequate access to direct sunlight for solar energy systems?

9.

If granted would the variance effect a substantial change in character of the neighborhood and/or locality or would it be a substantial detriment to neighboring properties?

10.

Is the proposed variance for an earth shelter?

11.

Will the interest of justice be served by allowing the variance when looking at the above factors and taking into consideration the manner by which the difficulty arose for the applicant?

12.

Additional factors?

13.

Conditions (if any) proposed by the board of adjustment for allowance of the variance.

E.

Time limits.

1.

[Generally.] All proceedings herein shall be conducted in compliance within the time limitations contained in Minn. Stat. § 15.99. Subject to the following exceptions, the board of adjustment must make a decision to approve or deny the application within 60 days of the receipt of the completed application by the zoning administrator. Failure to deny an application within 60 days is approval of the request. If an application is denied, the reason for the denial must be stated in writing at the time the application is denied.

a.

The 60-day time limit begins upon the zoning administrator's receipt of a written application containing all information required by law or by a previously adopted rule, ordinance or policy of the county. If the zoning administrator receives a written application that does not contain all required information, the 60-day limit starts over only if the zoning administrator sends notice within ten business days of receipt of the application telling the applicant what information is missing.

b.

A response to an application meets the 60-day time limit if the board of adjustment or zoning administrator can document that the response was sent to the applicant within 60 days of receipt of the completed application.

2.

Extensions. Exceptions to the 60-day time limit include extensions for the following reasons:

a.

State statute, federal law, or court order require a process to occur before final action can take place, and the time periods required by these laws or orders make it impossible to act within the 60-day period. In such cases, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law or order.

b.

A request requires prior approval from a state or federal agency. In such cases, the deadline of the board of adjustment action is extended to 60 days after the required prior approval is granted.

c.

Prior to the end of the initial 60-day period, the board of adjustment may direct the zoning administrator to extend the time period by up to 60 days by providing written notice of the extension to the applicant. Said notification must state the reasons for the extension and the anticipated length. Additional extensions may be granted if approved by the applicant.

d.

Or as agreed to by the applicant and the planning commission, board of adjustment or county board.

F.

Decision.

1.

The board of adjustment may impose conditions in the granting of variances to ensure compliance and to protect adjacent property in the public interest.

2.

The concurring vote of a majority of the board of adjustment members shall be necessary for the approval or denial of an application for a variance.

3.

The board of adjustment shall make written findings in each case and state the reasons for its decision.

4.

The decision, together with any conditions, shall be filed with the zoning administrator, who shall:

a.

Issue the applicable permit relating to the variance.

b.

File a certified copy of the decision with the county recorder, which shall become a part of the title of the property. The decision shall contain a legal description of the property involved.

c.

Forward written notice of the board of adjustment's decision to the applicant and the township or city where the variance application is located.

d.

Forward copies of all variances affecting recreational river and shoreland management districts to the commissioner of the department of natural resources within ten days of such action according to the certification process per MN Rules, parts 6105.0230 and 6120.3900.

5.

The zoning administrator shall maintain a record of all variances approved including information on the reasons, location and conditions imposed by the board of adjustment.

A.

All decisions of the board of adjustment in considering variance requests as provided by this ordinance shall be final. Any aggrieved person or persons, or any department, board, or commission of the jurisdiction or of the state shall have the right to appeal the decision to the county district court on questions of law and fact. Said appeal should be made within 30 days after notice of the decision is delivered to the applicant and any other person who attends the public hearing or who otherwise requests notice and provides the zoning administrator with their name and address. Delivery of notice shall be complete upon mailing by first class, United States mail. Any person may waive their right to notice as provided herein.

B.

An applicant may appeal a decision of the board of adjustment when new information is obtained which is relevant to the issue. An application for a rehearing shall be made in the same manner as the original hearing. The application for a rehearing shall be denied by the board if it is determined, from the record, that there has not been substantial change in facts, evidence or conditions.

No variance shall be granted that would allow any use that is prohibited or allowed only as a conditional use in the zoning district in which the subject property is located.

Unless a land use permit or building permit is issued and significant work has been completed within 12 months from the date of approval of a variance, said variance shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the board of adjustment. An extension of a variance shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration date of the original variance. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance. Such petition shall be presented to the board of adjustment for a decision.

A.

Any variance permitted under the provisions of this ordinance shall be established and conducted in conformity with the conditions of such variance. The variance shall be perpetual, unless specifically limited, provided all conditions of the variance are complied with.

B.

All conditions of the variance shall be complied with within one year unless otherwise specified.

To defray administrative costs of processing requests for variances, all applicants shall be subject to the following fees:

A.

A flat sum fee in an amount set annually by the county board.

B.

Additional fees may be charged to the applicant for actual costs incurred by the county for legal, engineering and planning consultant assistance necessary for proper review and consultation to assist the board of adjustment in its decision-making.