01/12/2022 Item 7A, ZOTA-Administration Section

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2-12 may waive the certificate of survey when the survey will not provide information relevant to the variance necessary to review the application. 3. Graphic information, plans, specifications, or other materials that illustrate the requested variance. 4. Narrative description of how the application complies with the variance criteria listed below. (c) Procedures. Variances from the requirements of this Ordinance, including restrictions placed on nonconformities, may be granted under the following conditions. An application for a variance shall be approved or denied within 60 days of the date of its official complete submission pursuant to Minnesota Statutes 15.99 unless extended pursuant to Statute or a time waiver is granted by the applicant. Additional City requirements for variances are as follows: 1. The property owner or their agent shall file with the Zoning Administrator a completed application form together with the required submittals and a fee as required in §1007.000 (9) of this Oordinance. 2. The request for variance shall be placed on the agenda of the Planning and Zoning Board according to the City’s deadline and meeting schedule. 3. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of the action to the City Council. 4. The petitioner or representative may appear before the Planning and Zoning Board in order to present information or to answer questions. The Board shall make a recommendation to the City Council including findings on compliance with required criteria and conditions to be imposed. 5. The City Council may grant the variance if it has been established that the application complies with the required criteria. The City shall decide upon requests for variance by approving or denying the same in part or in whole. 6. The City may impose conditions in the granting of variances. Conditions must be directly related to and must bear a rough proportionality to the impact created by the variance. 7. The City Council shall, on all variance applications whether granted or denied, record findings of fact. Such findings shall be recorded in writing and shall state the City Council’s reasons for such action. If the City Council denies an application, it shall state in writing the reasons for the denial at the time it denies the application. However, when a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the application provided that those voting against the motion state on the record the reasons why they oppose the application.