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4646 Dakota Street SE
Prior Lake. MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 18, 2011
AGENDA #: 10A
PREPARED BY: JANE KANSIER, ASSISTANT CITY MANAGER
PRESENTED BY: JANE KANSIER
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1108 OF
THE ZONING ORDINANCE UPDATING THE VARIANCE PROVISIONS
DISCUSSION: Introduction
The purpose of this agenda item is to consider an amendment to Sections
1108.400 to 1108.423 of the City Zoning Ordinance. The amendment changes
the criteria for consideration of a variance to the provisions of the Zoning Code.
A redlined copy of the ordinance is attached for your review, as well as a clean
copy for easier reading.
Hi story
In June, 2010, the Minnesota Supreme Court decided the case known as
Krummenacher vs. City of Minnetonka. In this case, the Minnesota Supreme
Court held that the city did not have authority to grant a variance if the property
owner could put the property to a reasonable use without a variance and noted
the State Legislature would be required to provide a more flexible variance
standard than provided for in existing municipal law. In essence, this case
stopped all variance activity in the State of Minnesota.
In 2011, the State Legislature reviewed the existing law, and in May adopted an
amendment to Minnesota Statutes Section 462.357, Subdivision 6, and revised
the standards for granting a variance. Under the new law, the term "hardship"
is now eliminated and now allows the City to issue a variance to the Zoning Or-
dinance if there are "practical difficulties." "Practical difficulties" are described
as follows:
The property owner proposes to use the property in a reasonable
manner not permitted by an official control;
The plight of the landowner is due to circumstances unique to the
property not created by the landowner; and
The variance, if granted, will not alter the essential character of the
locality.
Finally, a variance may be issued only if it is "in harmony with the general pur-
poses and intent" of the ordinance and consistent with the comprehensive plan.
Current Circumstances
The attached amendment revises the criteria in the current ordinance so it is
consistent with the State Statute. We also took this opportunity to review the
entire section and make some minor language changes clarifying the intent of
the Ordinance and ensuring it is consistent with the law.
Section 1108.600 of the Zoning Ordinance requires recommendations of the
Planning Commission and final determinations of the City Council be supported
by findings addressing the relationship of the proposed amendment to the fol-
lowing policies:
1. There is a public need for the amendments.
There is a public need for this amendment. As currently written, the City's
Zoning Ordinance is inconsistent with Minnesota Law.
2. The amendments will accomplish one or more of the purposes of this
Ordinance, the Comprehensive Plan, or other adopted plans or poli-
cies of the City.
Goals and objectives of the 2030 Comprehensive Plan include:
♦ Enact and maintain policies and ordinances to ensure the public safety,
health and welfare, and
♦ Enact and maintain policies and ordinances to ensure the safety and pre-
servation of property.
Purposes of the Zoning Ordinance include:
♦ Provide effective administration of this Ordinance and any future amend-
ments to this Ordinance and prescribe penalties for the violation of its re-
quirements, and
♦ Establish a continuing system of review of this Ordinance to insure it will
be amended to meet changing needs of the community and advances in
science and technology.
The proposed amendment strives to accomplish these goals, objectives
and policies by strengthening the effectiveness of the existing ordinance.
3. The adoption of the amendment is consistent with State and /or Feder-
al requirements.
This amendment is consistent with federal and state laws.
The Planning Commission conducted a public hearing on this ordinance
amendment on July 11, 2011. There was no public testimony at the hearing.
The Planning Commission voted to recommend approval of this amendment
based on the above findings.
Conclusion
The proposed amendment is consistent with the goals and objectives of the
2030 Comprehensive Plan, the Zoning Ordinance and the enabling legislation
set forth in Minnesota statutes. Based upon the findings set forth in this report,
staff recommends approval of the amendment.
ISSUES: This amendment is consistent with the language set forth in the State statute.
FINANCIAL There is no direct financial impact as a result of this amendment.
IMPACT:
ALTERNATIVES: 1. Approve the ordinance amendment as proposed, or with changes specified
by the City Council.
2. Deny the proposed amendments.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDED A motion and second adopting the attached ordinance amending Sections
MOTION: 1108.400 to 1108.423.
2
ORDINANCE NO. 111-
AN ORDINANCE AMENDING SECTIONS 1108.400 THROUGH 1108.423 OF THE
CITY CODE TO UPDATE PROVISIONS RELATING TO VARIANCES TO BE
CONSISTENT WITH MINNESOTA STATUTES
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1108.400 through 1108.423 of the Prior Lake City Code is hereby amended
to delete the section in its entirety and to add the following language:
1108.400: VARIANCES TO THE PROVISIONS OF THE ZONING ORDINANCE. This Section
provides authority for Variances to the literal application of the provisions
of the Zoning Ordinance. Minnesota Statutes 462.357 (subd. 6, subp. 2)
states "variances may be granted when the applicant for the Variance
establishes that there are practical difficulties in complying with the Zoning
Ordinance." When practical difficulties unique to an individual property
would result from strict enforcement of the literal provisions of the Zoning
Ordinance, the owner of the fee title to 'the property may apply for a
Variance to the provisions of the Ordinance. The Board of Adjustment, or
City Council upon appeal, may approve a Variance if it finds the Variance
meets all of the" Criteria in Subsection 1108.406, and is not restricted by
the limitations in Subsection 1108.407.
The statutory authority to grant : a variance is permissive and not
mandatory. Even when a Variance application meets all of the criteria in
Subsection 1108.`406 and is not restricted by the limitations in Subsection
1108.407 the Board of Adjustment, or City Council, as the case may be, is
not required to grant a Variance if doing so would be inconsistent with the
Comprehensive Plan.
Whenever there s reference to a fee anywhere in this Section, the fee
refers to the amount provided for in the Official Fee Schedule adopted
annually by the City Council.
1108.401 Applications for Variances Applications for Variances must be filed
with the Zoning Administrator and must describe the exceptional
conditions of the lot and the peculiar and practical difficulties claimed as a
basis for the Variance. The City will not accept a Variance application if
the Zoning Administrator determines the Variance is restricted by the
limitations in Subsection 1108.407.
1108.402 Applications All Variance applications must be signed by the fee
owner(s) of the property. A complete application consists:
➢ An application on a form provided by the City, signed by the fee
owner(s) of the property as it appears in the records of County
Auditor of Scott County.
➢ The application.
➢ A survey of the property showing all property lines, required
setbacks, easements, existing structures, and all proposed
structures.
➢ A map or plat showing the lands proposed for Variance and all
lands within 350 feet of the boundaries of that property and the
names and addresses of the owners of the lands in the area as
they appear on the records of the County Auditor of Scott County or
other appropriate records.
➢ If the Variance application involves a driveway or access to the
property, the property owner(s) and applicant must demonstrate
that the Variance, if granted, will not impair access to other platted
lots.
➢ Any other materials required by the City.
➢ Any other materials or information the property owner and applicant
believe support the Variance application and will assist the Board of
Adjustment or the City Council, if there is an appeal, to reach a
decision.
1108.403
considered and
Adjustment she
provisions of th
impact granting
the Board of P
tment Decides Variances All Variance applications are
decided by the Board of Adjustment. The Board of
II consider the effect of the strict application of the
Zoning Ordinance on the applicant's property and the
the Variance will have Comprehensive Plan. In addition
djustment shall" consider the requirements of all other
Statutes, the information in the application, the
iie',Staff ; Report and the criteria set out in Subsection
Board of +Adjustment shall make specific findings relating
teria in Subsection 1108.406 to support its decision.
information J
1108.406. T1
to each of the
1108.404 Notice of He
Administrator
the Board of
after 'receipt c
only after the
g. After receipt of a complete application, the Zoning
I set a date and publish notice of a public hearing before
stment. The public hearing must occur within 30 days
complete application. The public hearing shall be held
:e required by subsection 1109.200 has been given.
1108.405 Public Hearings on Variance Applications The Board of Adjustment
shall hold a public hearing in accordance with Subsection 1109.200 to
hear arguments for and against the proposed Variance. The Board of
Adjustment may continue the hearing from time to time if a continued
hearing is reasonably required. Final action on the proposed Variance
must occur within 60 days from the date the complete application was
received by the City, unless the City notifies the applicant in writing that it
intends to extend the decision deadline by an additional 60 days. The
written notice must state the reason the City is extending the decision
deadline.
1108.406 Decision on Variance The Board of Adjustment, or City Council upon
appeal, may grant a Variance from the strict application of the provisions
of the Zoning Ordinance, if it finds all of the following criteria are satisfied:
(1) There are practical difficulties in complying with the strict terms of the
Ordinance. "Practical difficulties," as used in connection with the granting
of a Variance, means the property owner proposes to use the property in a
reasonable manner not permitted by the Zoning Ordinance. Economic
considerations alone do not constitute practical difficulties.
(2) The granting of the Variance is in harmony with the general purposes and
intent of the City Subdivision and Zoning Ordinances and the
Comprehensive Plan.
(3) The granting of the Variance is necessary to permit the reasonable use of
the property involved.
(4) The practical difficulty is due to circumstances unique to the property not
resulting from actions of the owners of the property and is not a mere
convenience to the property owner and applicant.
(5) The granting of the variance will not alter the essential character of the
neighborhood or be detrimental to the health and safety of the public
welfare.
(6) The granting of the Variance will not result in allowing any use of the
property that is not permitted in the zoning district where the subject
property' is, located.
(7) The granting of the -Variance' is necessary to alleviate an inadequate
access to direct sunlight for solar energy systems.
1108.407 Limitations No application for a Variance shall be accepted, and no
Variance shall be granted by the City for any of the following:
Land uses not specifically listed within a Use District.
➢ Floor elevations lower than the Flood Protection Elevation, or levels
of flood protection required in the Flood Plain District.
1108.408 Conditions'` and Modifications In granting a variance, the Board of
Adjustment may impose such reasonable and appropriate conditions and
safeguards as may be necessary to accomplish, to the extent possible
under the circumstances, the purposes of the regulations or provisions
which are to be varied or modified and to ensure compliance and protect
adjacent properties, the character of the neighborhood, and the health,
safety, or general welfare of the community. Any conditions must be
directly related to and must bear a rough proportionality to the impact
created by the Variance. A Variance and any conditions and safeguards
which were made a part of the terms under which the Variance was
granted are binding upon the applicant/property owner and any
subsequent purchaser, heir, or assign of the property. Any violation of the
Variance or its conditions and safeguards shall be a violation of this
Ordinance, shall nullify the Variance and be subject to prosecution as a
misdemeanor.
1108.409 Appeals to the City Council Any aggrieved person situated wholly or
partly within 350 feet of the affected property, any officer or department
representative of the City, any agency of the State with an interest in the
property, or a Watershed District or Water Management Organization with
jurisdiction may appeal the decision of the Board of Adjustment to the City
Council pursuant to subsection 1109.400. A decision of the Board of
Adjustment shall not become effective until,-, end of the appeal period
has expired. If a timely appeal is filed, the decision of the Board of
Adjustment shall not become effective until the City Council has rendered
a decision on the appeal.
1108.410 Payment of Fees No application for a Variance, appeal from the
decision of the Board of Adjustment on a Variance decision, or application
for an extension of a Variance will be considered unti[-the applicable fees
have been paid.
1108.411 Assent Form No Variance which is approved subject to conditions is
valid until the property owner and applicant for the Variance have signed
an Assent and Consent : form and the approved exhibits agreeing to the
terms and conditions applicable to the Varian de.
1108.412 Variance Muste Recorded The resolution approving a Variance shall
include legal description of the property and a list of any conditions
imposed' by the Board of Adjustment. A certified copy of the resolution
shall be filed ,with, ,,tithe Scott County Recorder and evidence of recording
provided to the Zoning Administrator.
1108.413 Revocation and Cancellation of a Variance A Variance may be
revoked and canceled if the Zoning Administrator determines the property
has been used-, in a manner that violates any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable regulation.
The following procedures shall apply to revocations and cancellations:
(1) The Zoning Administrator shall provide written notice of the violation to the
property owner and person(s) whose name(s) appeared on the original
application for the Variance. The notice shall be delivered in person or by
certified mail, a minimum of 10 days prior to the date set for a hearing
before the Board of Adjustment. Notice shall also be served upon the
occupants of the property subject to the Variance. If no occupant can be
found, notice shall be posted in a conspicuous place upon such premises.
Service shall be effective on the date of mailing, personal service or
posting.
(2) The notice shall advise the property owner and person(s) whose name(s)
appear on the Variance application and occupant of the premise
(collectively "Noticed Parties ") of the nature of the violation and the date
set for the Board of Adjustments to conduct a hearing on the violation.
The notice must advise the Noticed Parties of their right to address the
Board of Adjustments, to ask questions and to present evidence and
testimony and to have individuals testify on their behalf at the hearing.
The Noticed Parties shall be jointly and severable responsible for
reimbursing the City for any City costs incurred, including attorney's fees,
pursuant to Subsection 1109.902.
1108.414 Expiration of Variance All Variances shall be null and void and
canceled, solely by the passage of time and without any action by the City,
if 1 year has elapsed from the date of the adoption of the resolution
granting the Variance if there is no evidence that substantial use or
progress has occurred on the property or premise subject to the approved
Variance.
1108.415 Expiration of Variances T
compute time to determine
revoked shall begin with the d
Variance.
1108.416
may,
for a
the
minim
reque
The I
Variani
by application an
n extension of the
Variance reauest
of 30
fall n
year period used in this Ordinance to
er a Variance has been canceled or
adoption of the resolution granting the
The owner of the property subject to a Variance
payment of the fee set by the City Council, apply
year Variance period. The application to extend
nust be filed with the Zoning Administrator a
ore the expiration date of the Variance, but such
filed more than 60 days before the expiration date.
ment may, by resolution, extend a Variance for a
reasonable period of time not to exceed 1 year.
1108.417 Denial Variances may be denied by resolution of the Board of
Adjustment. I A resolution of denial shall constitute a finding by the Board
of Adjustment that the conditions required for approval do not exist.
1108.418 Duration and Enforcement Variances shall remain in effect as long as
the' conditions stated in the permit are observed. Failure to comply with
those conditions results in termination of the Variance.
1108.419 Reimbursement of City Costs No Variance shall become valid until the
applicant has paid to the City all fees due according to subsection
1109.900.
1108.420 Building Permits No building permit shall be issued for any property for
which the Board of Adjustment has approved a Variance until, the appeal
period has expired, the applicant has paid to the City all required fees, has
signed an assent form, and has filed any required letter of credit.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 18 day of July, 2011.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 23 day of July, 2011.
Drafted By:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Zoning Ordinance
1108 .400: VARIANCES TO THE PROVISIONS OF THE ZONING ORDINANCE. The
of the varianGe p�G--eduFe. This Section provides authority for Variances to
the literal application of the provisions of the Zoning Ordinance. Minnesota
Statutes 462.357 (subd 6 subp 2) states "variances may be granted when
the applicant for the Variance establishes that there are practical difficulties in
coming with the Zoning Ordinance." When practical difficulties of
, nReGessary harrdshinc unique to an individual propert ceTrsi d am' ° eratiOR,
and RGt rn ere,.. enve4�e�, would result from strict enforcement of the literal
provisions of this--- Zoning eOrdinance, the owner of the fee title to the
property may apply for a Variance app may be made to vary eF mGd
aRY to the provisions of the ordinaRGe The Board of
Adjustment or City Council upon appeal may approve a Variance if it finds
the Variance meets all of the criteria in hi ° ^+ +^ +h° finrd i^ S ubsection
1108.406, and is not restricted by the limitations in Subsection 1108.407.
variaRGe is GRe remedy available where the ZE)R AdM has
The statutory authority to grant a variance is permissive and not mandatory.
Even when a Variance application meets all of the criteria in Subsection
1108 406 and is not restricted by the limitations in Subsection 1108.407 the
Board of Adjustment or City Council as the case may be, is not required to
grant a Variance if doing so would be inconsistent with the Comprehensive
Plan.
Whenever there is reference to a fee anywhere in this Section, the fee refers
to the amount provided for in the Official Fee Schedule adopted annually by
the City Council.
1108.401 Applications for Variances Applications for Variances shall must be filed
with the Zoning Administrator and shall must describe the exceptional
conditions of the lot and the peculiar and practical difficulties claimed as a
basis for the Variance. The City will not accept a Variance application if the
Zoning Administrator determines the Variance is restricted by the limitations in
Subsection 1108.407.
1108.402 Applications. All Variance applications must be signed for `�RGes shall
NQ ini E b y nr , ,i +h + G^nc ° n+ ^ the fee owners f the
property. A complete application shall consists -ef:
➢ An application on a form provided by the City, signed by the appliGa
4: ,o fee owners of the property as it appears in the records of
County Auditor of Scott County
➢
AP The application fee as deteFrn;Red by the City COUR
➢ A survey of the property showing all property lines, required setbacks,
easements, existing structure Rd eaoan eRtS and all proposed
structures.
City of Prior Lake
June 1, 2009 1108 /pl
Zoning Ordinance
➢ A map or plat showing the lands proposed for variaGe- Variance and
all lands within 350 feet of the boundaries of that property and the
names and addresses of the owners of the lands in the area as they
appear on the records of the County Auditor of Scott County or other
appropriate records.
If the Variance application involves a driveway or access to the
property, the property owner(s) and applicant must demonstrate that
the Variance, if granted will not impair access to other platted lots
➢ Any other materials required by the City.
Any other materials or information the property owner and applicant
believe support the Variance application and will assist the Board of
Adjustment or the City Council if there is an appeal to reach a
decision.
1108.403 Board of Adiustment Decides Variances. B8fG% a —All Variance
applications are
shall be
considered and decided by the Board of Adjustment. The Board of
Adjustment shall consider the effect of the strict application of the provisions
of the Zo ning Ordinance on the applicant's property and the impact granting
the Variance will have Comprehensive Plan. In addition the Board of
Adjustment shall consider the ,and the requirements of all other applicable
State Statutes the information in the application the information in the Staff
Report and the criteria set out in Subsection 1108 406 The Board of
Adjustment shall make specific findings relating to each of the criteria in
Subsection 1108.406 to support its decision
1108.404 Notice of Hearing After receipt of a complete application, the Zoning
Administrator shall set a date and publish notice of fe�r--a public hearing before
the Board of Adjustment_ {or aRy vaF Feq est The public hearinq must
occur within 30 days after receipt of t-he a complete application for .
The public hearing shall be held only after the notice required by subsection
1109.200 has been given.
1108.405 Public Hearings on Variance Applications The Board of Adjustment shall
hold a public hearing in accordance with subseGt ;GR Subsection 1109.200 -
shall to hear arguments at th hearir n for and against the proposed Variance_
aP..r-I -at - The Board of Adjustment may continue t#a�- hearing from time to
time if a continued hearing is reasonably required. Final action on the
proposed Variance shall be tak8R Tmust occur within 60 days from the
date the complete application was received by the City unless the City
notifies the applicant in writing that it intends to extend the decision deadline
by an additional 60 days. The written notice must state the reason the City is
extending the decision deadline
1108406 issuanc-eDecision on Variance The Board of Adjustment or City Council
upon appeal, may grant a Variance from the strict application of the provisions
of th+s - the Zoning Ordinance, if it finds -: all of the following criteria are
satisfied
(1) There are practical difficulties in complying with the strict terms of the
Ordinance. "Practical difficulties—"' as used in connection with the granting of a
Variance, means the property owner proposes to use the property in a
City of Prior Lake
„Tune 1, 2009 1108/p2
Zoning Ordinance
reasonable manner not permitted
by the
Zoning
Ordinance. Economic
considerations alone do
not constitute
practical
difficulties.ThereFe
the nighberheed nr the same
I Ice Di6triGt
(2) The granting of the Variance is in harmony with the general purposes and
intent of the City Subdivision and Zoning Ordinances and the Comprehensive
Plan.
(2 -)QhThe granting of the „ arse- Variance is necessary to permit the reasonable
use of the property involved.
(4) The practical difficulty is due to circumstances unique to the property not
resulting from actions of the owners of the property and is not a mere
convenience to the property owner and applicant.
{-34L�The granting of the variance will not alter the
essential character of the neighborhood or be detrimental to the health and
safety of the public welfare.
(6) The granting of the variaaee Variance will not result in allowing any use of the
property that is pFGhibited not permitted in the zoning district i^ whGhwhere
the subject property is located.
(7) The granting of the , rn-c4-- Variance may be -is necessary to alleviate aan
inadequate access to direct sunlight for 4a.4 4 of +he iri � � solar
energy systems.
1108.407 Limitations No application for a Variance shall be accepted, and no
Variance shall be granted by the City for any of the following:
➢ Land uses not specifically listed within a Use District.
➢ Floor elevations lower than the Flood Protection Elevation, or levels of
flood protection required in the Flood Plain District.
1108.408 Conditions and Modifications In granting a variance, the Zug
the Board of Adjustment may impose such reasonable and
appropriate conditions and safeguards as may be necessary to accomplish, to
the extent possible under the circumstances, the purposes of the regulations
or provisions which are to be varied or modified and to FedUGe nr mir,imiZe
ensure compliance
and protect adjacent properties, the character of the neighborhood, and the
health, safety, or general welfare of the community. Any conditions must be
directly related to and must bear a rough proportionality to the impact created
by the Variance. A variaase- Variance and any conditions and safeguards
City of Prior Lake
June 1, 2009 1108/p3
Zoning Ordinance
which were made a part of the terms under which the ^rye Variance was
granted are binding upon the applicant /property owner and any subsequent
purchaser, heir, or assign of the property_aAny. violation of a -the
variaR se Variance or its conditions and safeguards shall be a violation of this
erdiRaRGe Ordinance. shall nullify the Variance and be subject to prosecution
as a misdemeanor .
1108.409 Appeals to the City Council Any aggrieved person situated wholly or partly
within 350 feet of the affected property, m any officer or department
representative of the City any agency of the State with an interest in the
property, or a Watershed District or Water Management Organization with
jurisdiction may appeal the decision of the Board of Adjustment to the City
Council pursuant to subsection 1109.400. A decision of the Board of
Adjustment shall not become effective until the end of the appeal period has
expired. If as timely appeal is filed befeFe th e appea n°rie d , the decision of
the Board of Adjustment shall not become effective until the City Council has
rendered a decision on the appeal.
1108.410 Payment of Fees No application for a Variance appeal from the decision of
the Bo ard of Adiustment on a Variance decision, or application for an
extension of a Variance will from the PFE)ViSiGRS of this C) ace shall be
considered until the applicable fees have
been paid
heapd URN the appel!@Rt has paid the appeal fee established by the City
G E) U RSA.
1108.411 Assent Form No Variance with impesed - which is approved subject to
conditions is valid until the property owner and applicant for the Variance have
has- signed an asseRt Assent and Consent form and the approved exhibits
agreeing to the terms and conditions applicable to the
i R d°r w4� c-h th° Variance d t
i s granted d ag t b th em .
Fees o eseple °m
v cam. r ,
1108.412 Fi Variance Must be Recorded The resolution approving a Variance
shall include the legal description of the property fer which the VaF iaRGe was
+ssued -and a list of any conditions sets- imposed by the Board of
Adjustment as part of the appFGVal of the Varia . A certified copy of the
resolution shall be filed with the Scott County Recorder and evidence of
recording provided to the Zoning Administrator
1108.413 Revocation and Cancellation of a Variance A Variance may be revoked
and canceled if the Zoning Administrator determines that the hG!deF ef aR
eX st n„ VaFi@RGe ha „ Glat °,d the property has been used in a manner that
violates any of the conditions or requirements imposed as a condition to
approval of the Variance, or has violated any other applicable laws,
ordinances, or enforceable regulation. The following procedures shall apply
to revocations and cancellations:
(1) The Zoning Administrator shall provide written notice of the violation to the
property owner and person(s) whose name(s) appeared on the original
application for the Variance. . The
notice shall be g +veR delivered in person or by certified mail, aadre: tG the '~
a minimum of 10
City of Prior Lake
June 1, 2009 1108/p4
Zoning Ordinance
days prior to the date set for a hearing before the Board of Adjustment
Notice shall also be served upon the occupants of the promises f or `"rhiGh the
property subject to the Variance. was ;sssuede , Of If no occupant can be
found, notice shall be posted in a conspicuous place upon such premises.
Service shall be effective on the date of mailing, personal service or posting.
(2) The notice shall advise the property owner and person(s) whose name(s)
appear on the Variance application and occupant of the premise (collectively
"Noticed Parties ") of the nature of the violation and the date set for the Board
of Adjustments to conduct a hearing on the violation. The notice must advise
the Noticed Parties of their right to address the Board of Adjustments, to ask
questions and to present evidence and testimony and to have individuals
testify on their behalf at the hearing. The Noticed Parties shall be jointly and
severable responsible for reimbursing the City for any City costs incurred,
including attorney's fees, pursuant
The gate of a p bk he� A.-4-4 b y the DlaRRi g ('nmmiccin�hc
held r of the GGR Y J �e ' "�'� i4 chnll be s to roimb %eMeRt fnr
to Subsection 1109.902.
1108.414 After One Y C onstruction R-egu'r e— Expiration of Variance All
Variances shall be Feveked null and void and canceled solely by the passage
of time and without any action by the City, if 1 year has elapsed from the date
of the adoption of the resolution granting the Variance if there is no evidence
that substantial use or progress has occurred on the property or premise
subject to the approved Variance.and the holder of the VaF;aRGe has failed to
the VariaRGe
City of Prior Lake
,rune 1, 2009 1108 /p5
Zoning Ordinance
1108.417 Torre Period for Abandonment of Exostonei Va roan c-eExpiration of
Variances The 1 year period used in this Ordinance to compute time to
determine whether a Variance has been canceled or revoked shall begin with
the date of adoption of the resolution granting the Variance.
1108.419416 Extension of T+meVariance The owner of the property subject to a
Variance may, by application and payment of the fee set by the City Council,
apply for an extension of the 1 year Variance period. - Board of AdjustmeRt
ma gFaR r eXteRS of t i m e not t co - e 1 year fer aRy variaRGe. The
fee tsP;acessaRextensiGR Teque tshalI be set by Git CE)LA;o�
Requests f eF evtencinn of time The application to extend the Variance request
must be filed with the Zoning Administrator a minimum of 30 days before the
tom- expiration date of the Variance, but such request shall not be filed
more than 30-60 days before the term' expiration date. The Board of
Adjustment may, by resolution. extend a Variance for a reasonable period of
time not to exceed 1 year.
1108.420 Denial Variances may be denied by resolution of the Board of Adjustment.
A resolution of denial shall constitute a finding by the Board of Adjustment
that the conditions required for approval do not exist.
1108.424418 Duration and Enforcement Variances shall remain in effect as long as the
conditions stated in the permit are observed. Failure to comply with those
conditions results in termination of the Variance.
1108.422- Reimbursement of City Costs No Variance shall become valid until the
applicant has paid to the City all fees due according to subsection 1109.900.
1108.423420 Building Permits No building permit shall be issued for any property for
which the Board of Adjustment has approved a Variance until the appeal
period has expired, the applicant has paid to the City all required fees, has
signed an assent form, and has filed any required letter of credit.
City of Prior Lake
June 1, 2009 1108/p6