Mounds View City Zoning Code
VARIANCES AND
APPEALS
§ 160.465 BOARD OF ADJUSTMENT.
(A) Composition. The Board of Adjustment and Appeals shall consist of all members of the Planning and Zoning Commission. All members shall serve without compensation.
(B) Organization and meetings. The Board of Adjustment and Appeals may elect a chairperson from among its appointed members for a term of one year, and the Board may create and fill such other offices as it may determine. The Board shall meet by order of its chairperson, after notice, whenever an appeal has been properly presented to it. A two-thirds’ vote of a properly convened Board meeting shall be required to grant the relief sought in the appeal.
(C) Records. All written reports and recommendations to the Board of Adjustment and Appeals from the city staff shall be entered in and made part of the permanent written record of the Board’s meeting.
(Prior Code, § 1125.02)
§ 160.466 CRITERIA FOR GRANTING VARIANCES.
(A) A variance to the provisions of this chapter may be issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the Director of Community Development as explained in § 160.470 of this chapter, to provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of property owner’s land. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. No variances shall be granted that would allow any use that is not allowed in the zoning district in which the subject property is located.
(B) A variance may be granted only in the event that all of the following circumstances exist:
(1) The variance is in harmony with the general purposes and intent of this chapter;
(2) The variance is consistent with the Comprehensive Plan;
(3) The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code;
(4) Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant;
(5) The variance does not alter the essential character of the neighborhood;
(6) The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties; and
(7) The Board of Adjustment and Appeals may impose such conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of the variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(Prior Code, § 1125.02) (Ord. 725, passed 02-09-2004; Ord. 861, passed 09-22-2011)
§ 160.467 APPEALS.
If the Board acts in favor of the appellant, it, thereupon, shall issue an order to the administrative official involved setting forth the terms and conditions adopted. The order shall be signed by the chairman and the City Administrator or secretary of the Board. If the Board denies the applicant’s relief, the applicant, within 60 days from the decision of the Board, may appeal to the City Council for the relief sought.
(Prior Code, § 1125.02) (Ord. 844, passed 05-20-2010)
§ 160.468 PROCEDURES.
(A) Requests for a variance or appeal shall be filed with the City Administrator on an official application form. The application shall be accompanied by a fee as outlined in § 160.013 of this chapter. This fee shall not be refunded. The application shall also be accompanied by ten copies of detailed written and graphic materials necessary for the explanation of the request.
(B) Upon receiving the application, the City Administrator shall refer the application, along with all related information, to the Board of Adjustment and Appeals and city staff.
(C) After receiving the city staff’s report and recommendations concerning a request for variance or an appeal, the Planning and Zoning Commission, serving as the Board of Adjustment and Appeals, may set a date and hold a hearing on the request. The Board shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten days before the date of hearing to the person who filed the appeal or request, to all owners of property, according to the city assessment records, within 350 feet of the property to which the variance relates.
(D) Failure of property owner to receive notice shall not invalidate any such proceedings as set forth within this chapter.
(E) The Planning and Zoning Commission, serving as the Board of Adjustment and Appeals, shall make a finding of fact and shall decide whether to approve or deny a request for a variance or an appeal within 30 days after the public hearing on the request.
(F) A variance of this chapter or the granting of an appeal shall be by a simple majority vote of the Planning and Zoning Commission serving as the Board of Adjustment and Appeals.
(G) The City Administrator shall notify the originator of the variance request or appeal of the Board of Adjustment and Appeals decision in writing.
(Prior Code, § 1125.02) (Ord. 844, passed 05-20-2010; Ord. 970, passed 01-13-2020)
§ 160.469 LAPSE OF VARIANCE OR APPEAL.
Whenever, within one year after granting a variance or appeal, the work as permitted by the variance or appeal shall not have been completed, then the variance or appeal 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 and Appeals, the extension shall be requested, in writing, and filed with the City Administrator at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts, showing a good faith attempt to complete the work permitted in the variance or appeal.
(Prior Code, § 1125.02) (Ord. 844, passed 05-20-2010)
§ 160.470 ADMINISTRATIVE VARIANCE PROCESS.
(A) Types. Property owners seeking relief from this chapter may request an administrative variance; provided that, the property is zoned R-1 or R-2 and either of the following is applicable:
(1) The request concerns setbacks; the variance amount is within 25% of code requirements; and approval of the variance does not result in a setback of less than five feet; and
(2) The request is related to a pre-existing, non-conforming driveway or curb cut.
(B) Review procedures. The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the criteria as stated in § 160.466 of this chapter. If all of the criteria are met and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall review the administrative variance request at the following regularly scheduled meeting.
(C) Denial and appeals. If the Director chooses to deny a request, or if either the adjacent neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission.
(D) Fees. Administrative variances fees are set according to the city’s approved fee schedule.
(Prior Code, § 1125.02) (Ord. 725, passed 02-09-2004; Ord. 752, passed 09-13-2004; Ord. 756, passed 01-24-2005; Ord. 861, passed 09-22-2011)