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 practical difficulties 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. 882, 7-18-2011)

The city council shall act as the board of zoning adjustments and appeals. (Ord. 674, sec. 1, 7-17-2000)

The board of adjustment shall not approve any variance request (major or minor) unless they find failure to grant the variance will result in practical difficulties. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by this title. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The following criteria must also be met:

   A.   That the variance would be consistent with the comprehensive plan.

   B.   That the variance would be in harmony with the general purposes and intent of this title.

   C.   That the plight of the landowner is due to circumstances unique to the property not created by the landowner.

   D.   That the purpose of the variance is not exclusively economic considerations.

   E.   That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located.

   F.   That the requested variance is the minimum action required to eliminate the practical difficulty.

   G.   Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located. (Ord. 882, 7-18-2011)

Pursuant to Minnesota statutes 15.99, an application for a variance shall be approved or denied within sixty (60) days from the date of its complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant.

   A.   Requests for a variance shall be filed with the zoning administrator on an official application form.

   B.   The application shall be considered as being officially submitted complete when the applicant has complied with all of the following information requirements:

      1.   A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in section 10-6-2.B of this section.

      2.   Supporting materials as determined by the zoning administrator as applicable to be necessary for the complete and clear definition and understanding of the request.

      3.   A fee as established by ordinance in accordance with Section 11-1-19 of this title, which shall not be refunded.

      4.   A list of property owners located within five hundred feet (500') of the subject property obtained from and certified by an abstract company.

      5.   Certification 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.

   C.   If a variance application is deemed to be incomplete by the zoning administrator, the applicant shall be notified in writing of what information must be provided within fifteen (15) business days of the notice of incompleteness in order for the application to be deemed complete. Failure to provide the required information within fifteen (15) business days shall result in the application being denied as incomplete.

   D.   Once a variance application is deemed complete by the zoning administrator, the zoning administrator shall direct the application materials to the appropriate city staff to assist the planning commission with developing a recommendation on the application to the board of adjustment. City staff may request additional information from the applicant concerning operational factors or retain expert testimony with the consent and at the expense of the applicant concerning operational factors.

   E.   A public hearing before the planning commission shall be scheduled to consider the variance application once deemed complete by the Zoning Administrator. The applicant or the applicant’s representative shall have an opportunity to appear and discuss the requested variance at the public hearing.

   F.   Notice of the public hearing before the planning commission shall be mailed to all property owners within five hundred feet (500') of the property to which the variance relates no later than ten (10) days in advance of the public hearing. Failure of a property owner to receive notice shall not invalidate the variance proceedings.

   G.   The planning commission shall issue a recommendation and findings of fact to the board of adjustment no later than fifteen (15) days after the public hearing. The planning commission may recommend such conditions on the requested variance as may secure 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 in rough proportionality to the impact created by the variance.

   H.   The board of adjustments shall make final findings of fact and approve or deny the variance application within thirty (30) days after the close of the public hearing before the planning commission, including any approved conditions for the variance. A variance application may only be approved by a four-fifths (4/5) vote of the full board of adjustment. A copy of this final decision shall be served upon the applicant or the applicant’s representative.

   I.   Any person aggrieved by the final decision of the board adjustment on a variance application shall have the right to appeal that decision within thirty (30) days of the date of service of the final decision, to the Dakota County District Court. Any person seeking judicial review under this chapter must serve their appeal on the city and all necessary parties, including any landowners, within the thirty (30) day period defined above.

   J.   Whenever an application for a variance has been considered and denied by the board of adjustment, a similar application for a variance affecting substantially the same property shall not be considered again by the planning commission or board of adjustment for at least six (6) months from the date of the denial unless four-fifths (4/5) of the board of adjustment votes to reconsider the application. (Ord. passed 8-4-2025)

   A.   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 of adjustment, unless the applicant commences the authorized use or improvement within one (1) year of the date the variance is issued.

   B.   A request for extension of a variance shall be in writing and filed with the City at least thirty (30) days prior to the expiration of the variance.

   C.   The request for extension of a variance shall state facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the variance.

   D.   The zoning administrator may administratively approve an extension of a variance, provided that:

      1.   The administrative extension shall not exceed one (1) year from the initial variance expiration date.

      2.   Only one (1) administrative extension shall be granted.

      3.   There shall be no fee for the filing of a request for an administrative extension.

   E.   The city council may grant an extension of the variance of greater than one (1) year or any additional extensions, provided that:

      1.   The city council may refer an extension request to the planning commission for review to consider if any circumstances related to the initial variance have changed and provide a recommendation as to approval of an extension.

      2.   An extension approved by the city council shall not exceed one (1) year.

      3.   The filing of a petition to the city council for extension shall be accompanied by a fee as provided for by ordinance in accordance with section 1-1-9 of this title. (Ord. passed 8-4-2025)

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 section 11-9-19 of this title. (Ord. 674, sec. 1, 7-17-2000)

Prior to approving an application for a variance (major or minor), 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. 674, sec. 1, 7-17-2000)