1070.040: - VARIANCES — Corcoran Zoning Code

Subd. 1. Purpose. The purpose of this Section is to provide for deviations from the literal provisions of this Chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter.

Subd. 2. Board Designation.

A. The City Council shall act as the Board of Adjustment and Appeals ("the Board").
B. The City Council shall not approve any variance application unless they find failure to grant the variance will result in practical difficulties on the applicant, as defined by Minnesota Statute 462.357. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The burden of proof is on the applicant to show that all of the following criteria have been met:
1. That there are practical difficulties in complying with the Zoning Ordinance.
2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner.
3. That the granting of the variation will not alter the essential character of the locality.
4. The proposed variance would be in harmony with the general purposes and intent of the Ordinance.
5. The variance is consistent with the Comprehensive Plan.
6. The City may impose conditions on the variance to address the impact of the variance.

Subd. 3. Procedures.

A. An application for a variance shall be approved or denied pursuant to Minnesota Statutes 462.358. Additional City requirements are as follows:
B. Application Process.
1. Requests for a variance shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth by the City Code shall accompany such application. 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:
  - a. A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this Section.
  - b. Supporting materials, as outlined in this Section and as determined by the Zoning Administrator on a case-by-case basis.
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.
C. Approval Process.

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 10 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 350 feet of the boundaries of the subject property.
1. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter.
2. 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 Planning Commission.
3. The Board of Adjustment 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.
4. The applicant or a representative thereof may appear before the Planning Commission in order to present and answer questions concerning the proposed request.
5. The Planning Commission shall make findings 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.

The City Council (as the Board of Appeals and Adjustments) shall not act upon the request until they have received a report and recommendation from the Planning Commission and the City staff.
Upon receiving said reports and recommendations the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the Commission meeting.
Upon receiving said reports and recommendations the City Council 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.
Approval of a request shall require passage by a majority vote of the entire City Council.
In granting any variance under the provisions of this Section, the City Council shall designate such conditions in connection with the request that will, in its opinion, secure 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.
In all cases where variances are granted under the provisions of this Section, the City Council shall require such evidence and guarantee, as it may deem necessary to insure compliance with the conditions designated in connection with the request.
The Zoning Administrator shall serve a copy of the final order of the City Council upon the petitioner by mail.
Whenever an application for a variance has been considered and denied, a similar application for a variance affecting substantially the same property shall not be considered again by the City Council 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 City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the full City Council.

Subd. 4. Appeal of Board Ruling. Any person or persons, any private or public 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.

Subd. 5. Expiration. Unless otherwise specified by the Zoning Administrator or City Council at the time of approval, approved variances shall expire, within one year after the date of approval unless the applicant has commenced the authorized use or improvement. Prior to the expiration, the applicant may apply for a time extension of up to one year.

The request for extension shall include the renewal fee as set forth in the City Code and be submitted to the Zoning Administrator not less than 30 days before the expiration and shall include the renewal fee as set forth in the City Code and state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented for approval to the Board.

Subd. 6. Performance Agreement and Financial Guarantee. Following the approval of a variance 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 performance agreement and financial guarantee as specified in Section 1070.050, Subd. 9.

Subd. 7. Certification of Taxes Paid. Prior to approving an application for a variance, 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.