Variance Application
A variance allows the use of a property in a manner otherwise forbidden by an ordinance by “varying” one or more of the performance standards such as setbacks, lot size, etc. A variance is the exercise of governmental authority to grant relief from the literal application of the standards set forth in a zoning ordinance. If the Land & Resource Management office has determined that a proposed project does not meet the pertinent ordinance and a permit cannot be issued, a property owner has the right to apply for a variance.
Examples of variances are requests to vary from the requirements of the Shoreland Management Ordinance, Subdivision Controls Ordinance, Sanitation Code and/or the Renewable Energy Ordinance of Otter Tail County.
A Variance is NOT a Shoreland, Structure or Septic Installation permit.
The Otter Tail County Board of Adjustment has the sole duty to conduct a quasi-judicial review of variance applications and render judgement on each variance request. A public hearing must be held for each application. Those public hearings are set for the second Thursday of each month in the evening.
Variances are rights granted to a property for the life of the property. However, the Otter Tail County Shoreland Management Ordinance sunsets a variance for a specific project after five years if the project has not been completed.
Although members of the Board of Adjustment are appointed by the County Board, they are an independent body. Unlike Conditional Use Permits, the decision of the Board of Adjustment is final, and the County Board does not get an opportunity to review and reverse the decision. An appeal of a Board of Adjustment decision must be heard in District Court.
Public Hearings
Public comments regarding applications must be received by 12:00 p.m. the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Board of Adjustment website under Meetings seven days prior to the public hearing. Comments regarding this application may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to [email protected].