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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 (6) 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 be-a-Fd 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 be-a-Fd Planning Commission. <br /> 49 (G) The variance is approved by resolution. <br /> Page 30 of 160 <br />