It is the purpose of this article to provide for a method of administratively granting certain variances for single dwelling and double dwelling building permits.

(Code 1982, § 36-461)

The city council hereby authorizes the director of community development or such other qualified person as designated by the city manager to grant variances in areas of the city zoned R-1 and R-2 wherein the following situations exist:

(1)

Where the provision to be varied concerns garage setbacks; or

(2)

Where the amount of variance to any other setback is five feet or less; or

(3)

Where the result would be a variance in the size or frontage of the lot not to exceed a five-percent deviation from the minimum requirements, as provided otherwise in this Code; and

(4)

Where the applicant submits a petition signed by 100 percent of the adjacent landowners approving the variance.

(Code 1982, § 36-462)

(a)

Any person seeking a variance described in section 44-1132 shall submit to the director of community development or other person designated by the city manager under the section 44-1132 a written application therefor and shall provide the city with a plan or drawing therefor acceptable to the director of community development or such other person so designated. The director or such other person so designated shall notify the surrounding property owners by mail of the requested variance and shall allow the property owners a period of ten days in which to respond.

(b)

Thereafter, the director or such other person so designated shall make his decision known to the applicant and to all of the previously notified parties. The director or such other person so designated shall document his decision and the applicant's justification in the department's filing system.

(Code 1982, § 36-463)

Within ten days of the notification of the decision of the director or other person designated by the city manager, pursuant to section 44-1132, the applicant or any of the notified parties may appeal the decision by notifying the manager of any objections to the decision and requesting a hearing before the city council, such hearing to be held within 30 days. The right to this appeal shall be made known to all parties at the time of the notification of the decision of the director of community development or other person designated by the city manager.

(Code 1982, § 36-464)

The approval of variances shall be based on the findings required by Minnesota State Statutes.

(Ord. No. 918, § 1, 11-28-2011)