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• Ch. 60 - Introductory Provisions
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CHAPTER 60 - INTRODUCTORY PROVISIONS

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60.400 MODIFYING ORDINANCE PROVISIONS

60.410 VARIANCE:

The opportunity to vary the literal provisions of the ordinance is provided for as required in Chapter 462.357 (sub. 6) of the Laws of Minnesota by the creation of the variance procedure.  When practical difficulties or unnecessary hardships unique to an individual property under consideration, and not mere inconvenience, would result from strict enforcement of the literal provisions of this ordinance, application may be made to vary or modify any regulation or provision of the ordinance, subject to the findings in paragraph 60.417, so that the spirit of the ordinance is observed and substantial justice is done.  A variance is one remedy available where the zoning administrator has determined that no zoning certificate or development permit may be issued without varying or modifying the regulations or provisions of the ordinance.

60.411

Filing for a Variance:  An application for a variance shall be submitted to the zoning administrator and shall include the appropriate application form completed in full, a legal description of the property, a site plan, a statement on the nature of the variance requested, and such other information as may be pertinent or required for appropriate action by the reviewing body.  A fee, as established in Article 60.175, shall accompany the application submittal.

60.412

Procedure:  Variance requests shall be considered under the Type III Review Procedure, with the Phase I Hearing Process used.  The Board of Appeals shall be the hearing body.

60.413

Notice: Notice for a variance shall be sent to all owners of property who have land within 500 feet of, and to at least 50 property owners closest to, the parcel for which the proposed variance is being requested.

60.414

Decision:  The Board of Appeals shall render a formal decision on an application within 21 days of the close of the public hearing on the application.  The decision shall include findings of fact and conclusions based thereon, and shall include any conditions or terms to which issuance of the variance is subject.

60.415

Appeal:  The procedure for appeal of a decision by the Board on a variance request shall be as set forth in Article 60.700.

60.416

Order:  Within five (5) days following a decision by the Board the zoning administrator shall reduce the decision of the Board to written form, and a copy of the order shall be served upon the petitioner by first class mail.  A copy of the order shall be filed with the County Recorder, and the cost of recording shall be paid by the applicant. The decision regarding a variance shall not become effective until the written order has been served upon the applicant. Approval of a variance request shall allow the zoning administrator to proceed with the processing of any permits or certificates required for development approval.  

60.417

Findings for Variances:  In taking action on a variance request, the approval authority shall make findings supporting the decision based on the following guidelines:     

       Subdivision 1.     The approval authority may grant a variance to the provisions of this ordinance if it finds that:  

1. there are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district;
   
   
2. the variance is necessary to permit the reasonable use of the property involved;
   
   
3. the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with the general purpose and intent of this ordinance; and
   
   
4. the variance as granted is the minimum necessary to provide reasonable economic use of the property.
   
   

The extraordinary conditions or circumstances shall be found not to be the result of an action by the applicant or property owners who have control of the property.  

In addition, the approval authority shall find that development of the parcel in question cannot be integrated with development of adjacent parcels under the same ownership in such a manner so as to provide for the reasonable economic use of the total site in a manner consistent with the provisions of this ordinance.     

        Subd. 2.     The Board may grant a variance to the literal provisions of this ordinance if it finds that:  

1. There has been substantial and detrimental reliance in good faith by an applicant who has received a permit or certificate issued in error by the administrative official charged with enforcement of this ordinance, and  
   
     
2. the mistaken issuance of the certificate or permit is not the result of an action on the part of the applicant, the property owner, or any other person or party who has had control of the property, to provide misleading or incorrect information, or to knowingly withhold information necessary for the administrative official to accurately review the permit or certificate request.
   

            Subd. 3.     The Board shall under no circumstances grant a variance that will allow a use otherwise not permitted within the zoning district or any variance of the elevation or levels for flood protection           


          Subd. 4.     In granting a variance, the zoning administrator or the Board may impose such reasonable and appropriate conditions and safeguards as may be necessary to accomplish, to the extent possible under the circumstances, the purposes of the regulations or provisions which are to be varied or modified and to reduce or minimize potentially injurious effects of the variance upon adjoining properties, the character of the neighborhood, and the health, safety, or general welfare of the community.  A variance and any conditions and safeguards which were made a part of the terms under which the variance was granted are binding upon the applicant and any subsequent purchaser, heir, or assign of the property, and any violation of a variance or its conditions and safeguards shall be a violation of this ordinance and punishable as such.








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