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1 (D) When an applicant proposes any construction or alteration that would exceed a height of 200 feet <br />2 above ground level at the site then the zoning administrator shall notify the Mn/DOT commissioner <br />3 at least 30 days in advance. <br />4 (E) Notification of a Land Use Application in the Shoreland Overlay District, Scenic River Protection <br />5 Overlay, or Mississippi River Corridor Critical Area Overlay shall be provided to the Minnesota <br />6 Department of Natural Resources. <br />7 (F) The Planning Commission shall conduct the public hearing, report its findings, and make <br />8 recommendations to the Council, except in the case of a variance which is described further in this <br />9 chapter where the Planning Commission has approval authority. Easement vacation public hearings <br />10 are conducted at a regular City Council meeting. <br />11 <br />12 215 Re -submitting denied applications. <br />13 No application which has been denied wholly or in part may be resubmitted for at least one year from the <br />14 date of its denial, unless substantial changes have been made which warrant reconsideration, as <br />15 determined by the zoning administrator. <br />16 <br />17 216 Expiration of approved applications <br />18 An approval resolution for variances, site plans, conditional use permits and amendments, and home <br />19 occupations are valid for one year from the date of approval at which time the use must be in operation <br />20 or have a valid current building permit. The City Council may grant an extension of up to two years based <br />21 on reasonable extenuating circumstances before the initial expiration date. <br />22 <br />23 220 Variances <br />24 (A} variances shall only be permitted when they are in harmony with the general purposes and intent <br />25 of this chapter and when the variances are consistent with the comprehensive plan. <br />26 (B) Public hearing notice mailing distance is 350 feet. <br />27 (C) Variances may be granted when the applicant for the variance establishes that there are practical <br />28 difficulties in complying with the Zoning Code. "Practical difficulties," as used in connection with the <br />29 granting of a variance, means: <br />30 (1) That the property owner proposes to use the property in a reasonable manner not permitted <br />31 by the zoning code; <br />32 (2) The plight of the landowner is due to circumstances unique to the property not created by <br />33 the landowner; and <br />34 (3) The variance, if granted, will not alter the essential character of the locality. <br />35 (4) Economic considerations alone do not constitute practical difficulties. <br />36 (5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for <br />37 solar energy systems and <br />38 (6) Public takings of property due to condemnation. <br />39 (7) Variances shall be granted for earth sheltered construction as defined in M.S. 216C.06, <br />40 subdivision 14, when in harmony with this chapter. <br />41 (D) The Planning Commission may not permit as a variance any use that is not allowed under the Zoning <br />42 Code for property in the district where the affected person's land is located. <br />43 (E) The Planning Commission may impose conditions in the granting of variances. A condition must be <br />44 directly related to and must bear a rough proportionality to the impact created by the variance. <br />45 (F) The Planning Commission shall serve as the board final decision making authority. However, any <br />46 action of the board Planning Commission may be appealed to the Council by any affected person if <br />47 notice of such an appeal is received by the zoning administrator within ten days of the final action <br />48 of the board Planning Commission. <br />49 (G) The variance is approved by resolution. <br />Page 30 of 160 <br />