The purpose of this article is to provide for deviations from the literal provisions of this Appendix E in instances where their strict enforcement would cause practical difficulties in carrying out reasonable permitted uses of real property.

(Ord. No. 488, § 1, 8-20-2012)

(1)

Practical difficulties is defined by Minn. Stats. § 462.357.

(Ord. No. 488, § 1, 8-20-2012)

The city council shall act as the board of zoning adjustments and appeals (hereinafter "the board"). Appeals to the board may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. Relating to this Appendix E, the board shall have the authority to:

(1)

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance; and

(2)

To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities.

(Ord. No. 488, § 1, 8-20-2012)

(1)

Variances shall be granted for earth-sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony this Appendix E.

(2)

The board may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.

(3)

The board shall not grant an application for a variance unless it finds that the enforcement of this Appendix E would cause practical difficulties. Practical difficulties is defined by Sec. 6-2 of this article.

(4)

Practical difficulties exist if:

a.

The property owner proposes to use the property in a reasonable manner not permitted by this Appendix E;

b.

The reasonable non-permitted use is in harmony with the general purposes and intent of this Appendix E and consistent with the comprehensive plan;

c.

The plight of the landowner is due to circumstances unique to the property and not created by the landowner; and

d.

The variance, if granted, will not alter the essential character of the locality.

(5)

Practical difficulties do not exist if:

a.

The plight of the landowner is due solely to economic considerations or preferences of the landowner; or

b.

The landowner requests a variance for a type of use that is not allowed under this Appendix E for the property in the zone where the affected landowner's land is located.

(6)

A favorable vote by the board shall be deemed to include a favorable finding on each of the foregoing matters of this article, even if not specifically set out in the approval resolution or the minutes of the board meeting.

(7)

The board may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. In any variance granted to a nonresidential property, the board may require installation of sprinklers in any structure on the site where sprinklers do not exist (and are not otherwise required) as a condition if it determines that such a requirement bears a rough proportionality to the impact created by the variance.

(Ord. No. 488, § 1, 8-20-2012; Ord. No. 646, § 1, 1-9-2023)

Prior to filing a formal application for a variance as hereinafter provided, a prospective applicant may present a sketch plan to the zoning administrator for review. The procedures for sketch plan review are found in section 9-3 of this Appendix E.

(Ord. No. 488, § 1, 8-20-2012)

Pursuant to Minn. Stats. § 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 requirements are as follows:

(1)

Variances.

a.

Request for a variance or appeal shall be filed with the zoning administrator on an official application form at least 30 days in advance of the meeting at which it will first be considered. Such application shall be accompanied by a fee as established by city council resolution. This fee shall not be refunded. Unless modified by the zoning administrator, such application shall also be accompanied by five large-scale (at least 22 inches by 34 inches) copies, one reduced-scale (11 inches by 17 inches) copy of site plans, and written materials necessary for the explanation of the request as specified in section 9-7 of this Appendix E. The zoning administrator may waive or alter any of the submittal requirements of section 9-7 of this Appendix E, if not applicable to a project. In cases where an application is judged to be incomplete, the zoning administrator shall notify the applicant in writing within 15 business days from the date of submission.

b.

The application shall be considered as being officially submitted and 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 Appendix E.

2.

Supporting materials, as outlined in section 9-7 of this Appendix E, as determined by the zoning administrator as applicable to be necessary for the complete and clear definition and understanding of the request.

c.

Upon receipt of a complete application, as determined by the zoning administrator, the zoning administrator 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 ten days prior to the hearing. Written notification of said hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question.

d.

Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Appendix E.

e.

The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate for planning commission and city council review, and provide general assistance in preparing a recommendation on the action to the board.

f.

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 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 Appendix E. Failure of the applicant to supply all necessary supportive information may be grounds for denial of the request.

g.

Unless excused by the zoning administrator, the applicant or a representative thereof shall appear before the planning commission to answer questions concerning the proposed variance.

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 public hearing shall be held open until the city council takes action on the application. The board shall act upon the request within 60 days from the date of submission, unless an extension has been provided, pursuant to Minn. Stats. § 15.99.

j.

Subject to limitations of Minn. Stats. § 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 record detailing the specific reasons for referral.

k.

The board shall make findings of fact and approve or deny a request for variance within 30 days after the close of the public hearing on the request.

l.

A variance of this Appendix E shall be by four-fifths vote of the board.

m.

In granting any variance under the provisions of this Appendix E, 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.

n.

The zoning administrator shall serve a copy of the final order of the board upon the applicant by mail.

o.

If a request for a variance receives approval by the city council, the applicant shall record such with the Hennepin County recorder's office within 30 days of the city council approval date. The applicant shall furnish the city written proof within ten days of recording. No building permits for the property in question shall be granted until such written proof of recording is furnished to the city.

p.

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 the board for at least six 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 the board for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by a four-fifths vote of the Board.

(Ord. No. 445, § 3, 10-7-2009; Ord. No. 488, § 1, 8-20-2012)

Unless the board 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, unless the applicant commences the authorized use or improvement within one year of the date the variance is issued; or, unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by city council resolution. The request for extension shall state facts showing why the recipient of the permit cannot commence or utilize the approval permitted in the Variance within one year. All such requests shall be considered by the city council and shall only be granted upon a finding by the city council of exceptional circumstances that could not reasonably have been anticipated at the time the variance was issued.

(Ord. No. 488, § 1, 8-20-2012; Ord. No. 507, § 3, 12-2-2013)

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 exterior improvements 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 section 9-10 of this Appendix E.

(Ord. No. 488, § 1, 8-20-2012)

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. No. 488, § 1, 8-20-2012)

The planning commission, city council, or holders of a variance may propose modifications to the variance at any time. Variance modifications shall be processed according to section 6-6 of this Appendix E and shall be subject to all requirements and standards of this Appendix E.

(Ord. No. 603, § 1, 7-22-2019)

Editor's note— Ord. No. 603, § 1, adopted July 22, 2019, added provisions number as § 6-7. In order to avoid conflicts in section numbering the editor has redesignated these added provisions as § 6-10.