§ 194.04. APPLICATION AND PROCEDURE.

Pursuant to M.S. § 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 by the city pursuant to statute or a time waiver is granted by the applicant. Additional city processing requirements are as follows:

(A) A pre-application meeting may be required by city staff at which the appropriate application procedures, requirements, and applicable provisions relating to the request will be reviewed and explained.

(B) Request for a variance or appeal shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as set forth in the city fee schedule. This fee shall not be refunded. Unless modified by the Zoning Administrator, such application shall also be accompanied by 15 copies of detailed written and graphic materials necessary for the explanation of the request, and a list of property owners located within 350 feet of the subject property obtained from and certified by an abstract company.

(C) The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:

(1) A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this title.

(2) Supporting materials, as outlined in § 199.05 (Information Requirement) of this title, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.

(D) Upon receipt of a complete application, as determined by the Zoning Administrator, the City Clerk shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the Board. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least 10 days prior to the hearing. Written notification of said hearing shall be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question.

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

(F) 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.

(G) The Planning Commission and city staff 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 is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title to ensure compliance with and to protect adjacent properties and the public interest. Failure of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(H) The Planning Commission shall make findings of fact and recommend approval or denial of the request. The Commission’s recommendation and the city staff’s report shall be presented to the Board, and shall be entered in and made part of the permanent written record of the Board meeting.

(I) The Board shall not act upon the variance until the Planning Commission has held a public hearing on the request. The Board shall act upon the request within 60 days from the date of submission, unless an extension has been provided, pursuant to M.S. § 15.99.

(J) Subject to limitations of M.S. § 15.99, 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 may 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.

(K) In granting any variance under the provisions of this title, 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.

(L) Approval of a request shall require passage by a majority vote of the City Council

(M) The Zoning Administrator shall keep a record of applications and variances and the Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail. A certified copy of any approved variances shall be filed with the County Recorder.

(N) Whenever an application for a 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 6 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 6 months from the date of the second denial unless a decision to reconsider such matter is made by a 2/3 vote of the full Board.

(Ord. 2011-06-07A, passed 6-7-2011)