§ 30-40. Board of adjustments and appeals

(a) Authorization, powers and duties. The planning commission shall act as the board of adjustments and appeals and shall have the power and duty of hearing and deciding, subject to review by the council in each case, appeals or requests to the following cases:

(1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter.

(2) Interpret the boundary lines between zoning districts when such questions arise and interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter.

(3) Hear requests for variances from the literal provisions of this chapter to instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration.

(b) Procedures. Procedures of the board are as follows:

(1) Application and fees. Application must be made to the zoning administrator on forms provided by the city and include all information and data requested. The fee and charges shall be set by the city council by resolution.

(2) Public hearing. Upon the filing of an appeal or application for variance, the zoning administrator shall set a time for hearing before the board of adjustment and appeals. Such hearing shall be set for the next regular meeting of the planning commission which allows for sufficient time for notice and publication. For a variance, interpretation or appeal, notice shall be published at least ten days prior to the day of hearing, and, for a variance, notice shall be mailed to each property owner within 350 feet of the property to which the variance relates. At the hearing the board shall hear such persons as wish to be heard, either in person or by attorney or agent. The board shall thereupon make its decision on the appeal, interpretation or application for variance, and its action shall be reported in writing to the city council.

(3) Council action. The council shall review and may revise or reverse any decision of the board of adjustments and appeals. In reviewing such decisions, the council may conduct such hearings as it may deem necessary and shall prescribe what notice, if any, shall be given of such hearings. The council shall conduct its review of any such decision and make its findings and order thereon after receipt by it of the decision of the board of adjustments and appeals.

(c) Findings. The board of adjustments and appeals shall not recommend and the council shall not grant a variance unless they find the following facts:

(1) Strict enforcement or interpretation would result in a practical difficulty or undue hardship inconsistent with the intent of this chapter.

(2) There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district.

(3) Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood.

(4) Granting of the variance will not allow a use which is otherwise not permitted in the zoning district in question.

(d) Recommendations of the board. The board of adjustments and appeals in recommending, and the council in granting, a variance may impose conditions to ensure compliance and to protect adjacent properties. The board of adjustments and appeals and the council shall not permit as a variance any use that is not permitted under this chapter for property in the zoning district where the land which is the subject of the variance is located.

(e) Denial. Variances may be denied by the city council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six months from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be so valid by the board of adjustments and appeals.

(f) Action without a decision. If no decision is transmitted by the board of adjustments and appeals within 30 days after referral of the appeal or application for variance to the board, the council may take action without further awaiting such decision.

(g) Revocation. A violation of any condition set forth in granting a variance shall be a violation of this chapter and shall automatically terminate the variance. A variance shall become void one year after it was granted, unless made use of within a year.

(Code 1975, § 480:04)

refstatelaw

Board of adjustments and appeals, Minn. Stats. § 462.357, Subd. 6.