Dayton City Zoning Code
1001.29 VARIANCES
Subd. 1 Purpose.
The variance process enables the City Council to provide limited relief from the literal provisions of this Subsection in instances where strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and when it is demonstrated that such actions are consistent with this Subsection. Variances shall not be granted to allow a use not permitted by the zoning district, nor to merely remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that where not caused by the applicant's act or omission. Variances are not to be used in the place of ordinance amendments to address situations applicable to numerous properties.
Subd. 2 Initiation.
Variances shall only be initiated by an owner of the property at issue or an authorized representative of the owner.
Subd. 3 Criteria.
All requests for a variance shall be subject to a determination that the variance request complies with the requirements of Minn. Stat. § 462.357 and any amendments thereto, which include, but are not limited to:
(1) A variance shall only be permitted when it is in harmony with the general purpose and intent of City Code and consistent with the Comprehensive Plan.
(2) A variance may only be permitted when the applicant establishes that there are practical difficulties in complying with the zoning ordinance, meaning:
a. The property owner proposes to use the lot or parcel in a reasonable manner not permitted by the zoning code.
b. The plight of the property owner must be due to non-economic) circumstances that are unique to the lot or parcel and not created by the property owner.
c. The variance must not alter the essential character of the locality.
d. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
Subd. 4 Procedure.
(1) The Planning Commission shall hold a public hearing on any complete application for a variance and provide the City Council, based on the criteria in Subd. 3, with a recommendation for granting of the variance, with any conditions, or for the denial of the variance.
(2) Upon receiving the recommendation of the Planning Commission and written reports of the City Staff, the City Council, serving as the Board of Adjustments and Appeals, shall make findings of fact and decide upon a request for a variance by approving or denying the request for the variance consistent with Subd. 3. The City Council may impose conditions on the granting of a variance that are directly related to and bear a rough proportionality to the impact created by the variance.
Subd. 5 Subsequent Application.
Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall be considered an incomplete application and shall not be considered again by the Planning Commission or City Council for at least 6 months from the date of its denial unless a decision to reconsider such matter is made by not less than 4/5 of the full City Council.
(Ord. 2010-18, passed 9-28-2010; Am. Ord. 2012-02, passed 1-10-2012)