Agenda Packets - 2020/10/12 - Laserfiche WebLink

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1301.10 Subd. 3. Board of Adjustment and Appeals: 1301.10 a. Rules. The City establishes a Board of Adjustment and Appeals as provided in Chapter 402 of the City Code. The Board shall adopt rules for the conduct of business and may exercise all of the powers as allowed by State law and the City Code. b. Administrative Review. The Board of Adjustment and Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Chapter. C. Variances. The Board of Adjustment and Appeals may authorize, upon appeal in specific cases, such relief or variance from the terms of this Chapter that would not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided in State law or rules. In the granting of such variance, the Board of Adjustment and Appeals shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Chapter, any other zoning regulations in the City, and in the state legislation that justified granting the variance. No variance shall have the effect of allowing in any district uses prohibited in that zoning district, allow or permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency (FEMA) also must be satisfied: (1) The City shall not approve variances within any designated regulatory floodway if the variance would result in an increase in flood levels during the base flood discharge. (2) The City shall only issue variances when there is a: (a) Showing of good and sufficient cause, (b) Determination that failure to grant the variance would result in exceptional hardship to the applicant or property owner, and (c) Determination that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or City ordinances. (3) The City shall only approve variances upon determining that the variance is the minimum necessary, considering the flood hazard, to afford the applicant relief. City of Mounds View