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1 <br />2 216 Expiration of approved applications <br />3 An approval resolution for variances, site plans, conditional use permits and amendments, and home <br />4 occupations are valid for one year from the date of approval at which time the use must be in operation <br />5 or have a valid current building permit. The City Council may grant an extension of up to two years based <br />6 on reasonable extenuating circumstances before the initial expiration date. <br />7 <br />8 220 Variances <br />9 (A;; variances shall only be permitted when they are in harmony with the general purposes and intent <br />10 of this chapter and when the variances are consistent with the comprehensive plan. <br />11 (6) Public hearing notice mailing distance is 350 feet. <br />12 (C) Variances may be granted when the applicant for the variance establishes that there are practical <br />13 difficulties in complying with the Zoning Code. "Practical difficulties," as used in connection with the <br />14 granting of a variance, means that the property owner proposes to use the property in a reasonable <br />15 manner not permitted by the zoning code; the plight of the landowner is due to circumstances <br />16 unique to the property not created by the landowner; and the variance, if granted, will not alter the <br />17 essential character of the locality. Economic considerations alone do not constitute practical <br />18 difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br />19 for solar energy systems and public takings of property due to condemnation. Variances shall be <br />20 granted for earth sheltered construction as defined in M.S. 216C.06, subdivision 14, when in <br />21 harmony with this chapter. <br />22 (D) The Planning Commission may not permit as a variance any use that is not allowed under the Zoning <br />23 Code for property in the district where the affected person's land is located. <br />24 (E) The Planning Commission may impose conditions in the granting of variances. A condition must be <br />25 directly related to and must bear a rough proportionality to the impact created by the variance. <br />26 (F) The Planning Commission shall serve as the board final decision making authority. However, any <br />27 action of the board Planning Commission may be appealed to the Council by any affected person if <br />28 notice of such an appeal is received by the zoning administrator within ten days of the final action <br />29 of the board Planning Commission. <br />30 (G) The variance is approved by resolution. <br />31 (H) Recording of variance. A certified copy of a variance resolution shall be recorded with the Anoka <br />32 County recorder or registrar of titles for record. The variance resolution shall include the legal <br />33 description of the property included. No building permit shall be issued until after recording is <br />34 made. <br />35 <br />36 225 Site Plan Review <br />37 Site Plan Review Applications Requiring Formal Planning Commission and City Council Review. <br />38 Absent a requirement for a conditional use permit, the following uses require a formal site plan <br />39 review application: <br />40 (1) Developments of multiple -family dwellings (three or more attached units), townhomes, and <br />41 mobile home parks; <br />42 (2) Commercial and industrial principal and accessory uses when adjacent to a residential use; <br />43 (3) All proposed developments within the Floodplain, Scenic Rivers, and Environmental <br />44 Protection and Critical Rivers Overlay Districts; <br />45 (4) Religious institutions; <br />46 (5) Principal uses within the PI, P, and CL districts; and <br />47 (6) Principal uses within the PUD, COR. <br />5 <br />