The purpose of this Section is to provide for deviations from the requirements of this Chapter, including restrictions placed on non-conformities.

(Amended by Ord. No. 2011-22, 07/26/11)

Subd. 1.

Board Designation. The City Council shall act as the Board of Zoning Adjustments and Appeals.

Subd. 1.

The Board or Zoning Administrator may approve a variance application (major or minor, respectively) only upon finding that all of the following criteria, as applicable, have been met:

(a)

The variance, and its resulting construction or project, would be in harmony with the general purposes and intent of this Chapter, and would be consistent with the comprehensive plan.

(b)

The variance applicant has satisfactorily established that there are practical difficulties in complying with this Chapter. "Practical difficulties" means that:

(1)

The applicant proposes to use the property in a reasonable manner not permitted by this Chapter;

(2)

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

(3)

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

(c)

The variance request is not based exclusively upon economic considerations.

(d)

The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood.

(e)

The variance, and its resulting construction or project, would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood.

(f)

The variance requested is the minimum action required to address or alleviate the practical difficulties.

(Amended by Ord. No. 2011-22, 07/26/11)

Pursuant to Minnesota Statutes 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 pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. Additional City requirements are as follows:

(Amended by Ord. No. 2004-02, 01/13/04; Ord. No. 2008-09, 03/25/08)

Subd. 1.

Classifications.

(a)

Minor Variance.

(1)

Purpose. The purpose of this Section is to provide for an expeditious method of processing variance requests which are defined as minor.

(2)

Qualification.

a.

Cases where hardship to existing buildings or platted property are created as a result of public action or change in ordinance standards.

b.

Structure or setback deviations which are characteristic of and common to neighboring uses and which do not exceed a 25 percent departure from any standard of this Chapter as applied to a specific piece of property.

c.

A minor variance procedure shall not be applicable or include any proposals involving signage, fencing, shoreland, wetland, or floodplain.

(b)

Major Variances. All variances which are not classified as "minor" shall be deemed "major" variances.

Subd. 2.

Processing.

(a)

Minor Variances.

(1)

Requests for a minor variance shall be filed with the Zoning Administrator on an official application form. The applicant's signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. Such application shall be accompanied by a fee as set forth in the City Code. 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:

(Amended by Ord. No. 2004-02, 01/13/04)

a.

A written description of the request for the minor variance, including an explanation of compliance with the variance criteria set forth in this Section.

b.

Supporting materials, as outlined in Section 21045.07 of this Chapter, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.

(2)

The Zoning Administrator shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter.

(3)

When appropriate, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports.

(4)

The Board shall grant to the Zoning Administrator the right to approve the minor variance upon determining that the criteria outlined in Section 21030.03, Subd. 1 has been satisfactorily met. Additionally, the Board shall grant to the Zoning Administrator the right to deny the minor variance upon determining that the criteria outlined in Section 21030.03, Subd. 1 has not been met.

(5)

Notice of such minor variance request shall be sent by the Zoning Administrator to all adjoining property owners within 200 feet of the boundary of the property in question.

(6)

The notice shall specify that any written objections to the minor variance be received by the Zoning Administrator within 14 days of the mailing. If any written objection of a substantive nature is received within 14 days and is unresolved between the person objecting and the Zoning Administrator, the final approval of the requested minor variance, as well as any minor variance which is denied by the Zoning Administrator, shall be referred to the Board and processed according to the provisions of Section 21030.04, Subd. 2(b) of this Chapter.

(Amended by Ord. No. 2010-21, 11/23/10)

(b)

Major Variances.

(1)

Requests for a major variance shall be filed with the Zoning Administrator on an official application form. The applicant's signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. Such application shall be accompanied by a fee as set forth in the City Code. 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:

(Amended by Ord. No. 2004-02, 01/13/04; Ord. No. 2010-21, 11/23/10)

a.

A written description of the request for the major variance, including an explanation of compliance with the variance criteria set forth in this Section.

b.

Supporting materials, as outlined in Section 21045.07 of this Chapter, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.

(2)

Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall establish a time and place for consideration by the Planning Commission. At least ten days before the date of the meeting, a written notice of the meeting shall be mailed to the applicant and to all other owners of property located within 200 feet of the boundaries of the property which is the subject of the application.

(3)

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

(4)

The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Board.

(5)

The Planning Commission and Zoning Administrator shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter.

(6)

The applicant or a representative thereof may appear before the Planning Commission in order to present and answer questions concerning the proposed request.

(7)

The Planning Commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the purpose of this Chapter. Such recommendations shall be in writing and accompanied by the report and recommendation of the City staff.

(8)

The Board shall not act upon the request until they have received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered.

(9)

Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Manager shall schedule the application for consideration by the Board. Such reports and recommendations shall be entered in and made part of the permanent written record of the Board meeting.

(10)

Upon receiving the report and recommendation of the Planning Commission and the City staff, the Board shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition they considered necessary to protect the public health, safety and welfare. Any condition must be directly related to, and must bear a rough proportionality to, the impact created by the variance.

(Amended by Ord. No. 2011-22, 07/26/11)

(11)

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 will 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 statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

(12)

Approval of a request shall require passage by a majority vote of the entire Board.

(13)

In granting any major variance under the provisions of this Section, 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.

(14)

In all cases where major variances are granted under the provisions of this Section, the Board shall require such evidence and guarantee as it may deem necessary to ensure compliance with the conditions designated in connection therewith.

(15)

The Zoning Administrator shall provide a written copy of the final order of the Board to the petitioner.

(16)

Whenever an application for a major 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 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 Board for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the full Board.

(Ord. No. 2020-11, § 2, 10/13/2020)

Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Board shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced.

Unless the Board specifically approves a different time period, the approval of a variance shall expire one year from the date it was approved, unless the applicant has commenced the authorized improvement or use; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why the variance has not been used, 2) what, if any, good faith efforts have been made to use the variance, 3) the anticipated completion date, and 4) the signature of the applicant and property owner. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. On matters involving a major variance approval, should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Board for a decision.

(Amended by Ord. No. 2010-01, 02/23/10; Ord. No. 2012-05, 02/28/12)

Following the approval of a variance as required by this Section 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 21045 of this Chapter.

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.