Board of Appeals
The Board of Appeals functions in accordance with Minn. Statute 462.357, Subd. 6 (2) Planning Enabling Act). The Board shall make findings that an undue hardship exists in the use of the property before a variance may be granted.
Minn. Statute 462.357, Subd. 6 (2) (Planning Enabling Act) states:
Undue hardship...means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality.
Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance.
The City has four provisions or requirements to help determine if an undue hardship exists. City Code Section 11.90 Subd. 11. No such variance of the provisions or requirements of the Zoning Chapter shall be recommended by the Board unless the Board finds beyond reasonable doubt, that all of the following facts and conditions exist:
- Exceptional Circumstances. That there are exceptional or
extraordinary circumstances or conditions applying to the property in question,
or to the intended use of the property, that do not apply generally to other
properties, or classes, or uses in the same zoning district.
- Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and the same vicinity.
- Absence of Detriments. That the recommendation and granting of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of the Zoning Chapter of the public interest.
- Not of General Nature. No variance shall be recommended unless the Board specifically finds that the condition, or situation, of the specific piece of property or the intended use of said property, for which variance is sought is not of general or recurrent nature as to make reasonably practicable the formulations of a general regulation for such conditions or situations.
If the variance is approved, a building permit will be issued and will include the variance as approved by the Board. Any changes from the variance, as granted by the Board of Appeals, will be subject to removal and be subject to fine.
To apply for a variance an application needs to be filled out and accompanied by fee of $200.00.
To apply for a variance please contact the Fire & Inspection Department 507-377-4340
