A variance is the modification or variation of this Development Code where it is determined that, by reason of circumstances unique to the property not created by the landowner, the strict enforcement of the official controls would cause practical difficulties. A variance, once granted, runs with the land.
Use Variances:
No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.
Application:
An application for a variance shall be filed with the Zoning Administrator. The application shall be accompanied by a narrative explaining the reasons for requesting the variance, development plans showing such information as may be required by the Town’s policies and procedures for purposes of this Development Code, and, to the extent practicable, photographs of the area surrounding the site for which the variance is being requested to provide the Planning Commission and the Town Board with an on-the-ground perspective as to the proximity of the site to neighboring properties and structures. The photographs may be submitted electronically to the Town. If the application does not contain all required information, the Zoning Administrator shall send written notice within fifteen (15) business days of receipt of the request, telling the applicant what information is missing.
Standards:
Variances shall only be permitted when they are in harmony with the general purpose and intent of the Official Controls, in cases when there are practical difficulties in the way of carrying out the strict letter of any official control, and when the terms of the variance are consistent with the Comprehensive Plan.
Practical Difficulties: "Practical Difficulties" as used in connection with the granting of a variance means:
a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; and
b. The plight of the landowner is due to circumstances unique to the property, not created by the landowner; and
c. The variance, if granted, will not alter the essential character of the locality.
d. Economic conditions alone shall not constitute practical difficulties.
e. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
Earth Shelters:
Variances shall be granted for earth sheltered construction as defined in Minn. Stat. §216C.06, Subd. 14 when in harmony with the Official Controls.
Environmental Impacts:
Where, in the opinion of the Planning Commission, a variance may result in a material adverse effect on the environment, the Planning Commission may recommend to the Town Board that the applicant demonstrate the nature and extent of that effect.
Recommendation:
The Planning Commission may recommend to the Town Board that conditions be imposed in the granting of variances to ensure compliance and to protect adjacent properties and the public interest. Conditions imposed on a variance must be directly related to and must bear a rough proportionality to the impact created by the variance.
Limit on Applications:
No application for the same variance as acted upon by the Planning Commission shall be resubmitted for a period of six (6) months from the date of denial of the previous application unless there has been a substantial change in circumstances as it relates to the request. (9) Findings:
a. The Planning Commission shall make written findings of fact on all applications for variances and shall state therein the reasons for such decision.
b. Copies of the findings shall be mailed to the applicant.
c. The Planning Commission shall make a recommendation on its findings to the Town Board for action at the next regularly scheduled Board meeting.
Final Decision:
The Town Board is the Board of Appeals and Adjustment and shall decide whether to grant a variance and the conditions to be placed on the variances it issues. The decision of the Town Board regarding a variance is final, subject to judicial review. 9.2.
Notice and Hearing Procedure.
1. Upon receipt of a variance application that contains all required information, the Zoning Administrator shall refer the matter to the Denmark Township Planning Commission and establish a time for hearing thereon by the Planning Commission. From the date the Zoning Administrator determines that the application containing all required information is complete, the Town has sixty (60) days to take action on the request or the request shall be deemed approved. The Zoning Administrator may extend this time line by providing written notice of the extension to the applicant before the end of the initial sixty (60) day period. This notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days. The deadline may also be extended as indicated in Minn. Stat. § 15.99 Subd. 3.
2. Notice of time, place, and purpose of the public hearing shall be given by publication in a newspaper of general circulation in any town, municipality or other area concerned and in the official newspaper of the Town at least ten (10) days before the date of the hearing. Defects in the notice shall not invalidate any proceedings provided a bona fide attempt to comply with this paragraph has been made.
3. To help ensure property owners within the immediate area of a proposed variance are made aware of the public hearing, the Town will also endeavor to mail notice to properties located within ¼ mile of the property to which the application relates. The Town will use the mailing labels produced by the County and provided by the applicant to send the notice. This notice is not required by law and any failure to provide this additional notice has no effect on the validity of the proceedings.
Application Checklist:
- Application
- Escrow Policy
- Site Map with any improvements marked (house, building, well, septic, driveway)
- County Certification of No Delinquent Taxes (Washington County Auditor’s Office-651-430-6175)
- Certified list of the names and addresses of all property located within 500 feet of all continuous property. (Washington County Surveyor’s Office-651-430-4300; The county charges a fee for the search and takes 7-10 working days. They will provide you with mailing labels for all the names on the list, submit labels with application)
- Plan/Proposal (in both hard copy and electronic if possible)
- Application Permit Fee of $150.00
- Required Escrow Deposit of $2,000.00
- Written statement explaining the variance request and the reason for the request
- Describe "Practical Difficulties", as defined above.
- Building elevations-both existing and proposed
- The Township Planning Consultant may require a Certificate of Survey in addition to the site plan.
- A map showing all land uses within 500 feet.
*Permit fee and escrow deposit per fee schedule.