Ord_1606 PASSED (edited for Indoor Entertainment)

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1009.04: VARIANCES: 2721 A. Purpose: Each zoning classification indicates specific development standards such as setback and 2722 height restrictions. There are occasions, however, when the strict application of such standards may 2723 be inappropriate because of unique circumstances to the property. The variance procedure is 2724 authorized by MN Stat. 462.357, subd. 6 and is designed to permit adjustment to the zoning 2725 regulations where there are practical difficulties applying to a parcel of land or building that prevent 2726 the property from being used to the extent intended by the zoning. Unique circumstances may include 2727 factors such as the size, shape, topography, vegetation, wetlands, or other such characteristics of the 2728 land. Variances should not be granted to residential density standards or type of use. (Ord. 1413, 7-18-2729 2011) 2730 B. Applications: The owner of property on which a variance is proposed shall file an application for 2731 approval of the variance by paying the fee set forth in Chapter 314 of this Code and submitting a 2732 completed application form and supporting documents as set forth on the application form. Complete 2733 applications shall be reviewed in a public hearing according to the process set forth in Chapter 108 of 2734 this Code. If a proposed variance is denied, an application for substantially the same variance on the 2735 same property shall not be accepted within 1 year of the date of the denial. (Ord. 1413, 7-18-2011) 2736 C. Approval: The City may impose conditions in the granting of variances. A condition must be directly 2737 related to, and must bear a rough proportionality to, the impact created by the variance. In order to 2738 approve a variance request, the Variance Board shall find based on the application submitted: 2739 1. The proposal is consistent with the Comprehensive Plan; 2740 2. The proposal is in harmony with the purposes and intent of the zoning ordinances; 2741 3. The proposal puts the subject property to use in a reasonable manner; 2742 4. There are unique circumstances to the property which were not created by the landowner; and 2743 5. The variance, if granted, will not alter the essential character of the locality. (Ord. 1413, 7-18-2744 2011) 2745 D. Validation and Expiration: A variance approval shall be validated by the applicant through the 2746 commencement of any necessary construction (subject to the permit requirements of Title 9 of this 2747 Code) authorized by the variance within 1 year of the date of the approval. A variance approval shall 2748 automatically expire if the approval is not validated pursuant this section. Notwithstanding this time 2749 limitation, the Variance Board may approve extensions of the time allowed for validation of the 2750 variance approval if requested in writing by the applicant; extension requests shall be submitted to the 2751 Community Development Department and shall identify the reason(s) why the extension is necessary 2752 along with an anticipated timeline for validation of the variance approval. 2753 1009.05: CHANGES TO APPROVED PLANS: 2754 A. Purpose: To provide flexibility in responding to development constraints which were unanticipated 2755 during the review of proposals requiring development approval (e.g., conditional use, variance, etc.) 2756 by allowing administrative approval of minor changes to the approved location, size, and/or type of 2757 site improvements. 2758