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HomeMy WebLinkAbout111-08 Variances ORDINANCE NO. 1 11 - 08 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: V T T P O T Z O . This Section ARIANCES O HE ROVISIONS F HE ONING RDINANCE 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 complyi ng 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 st atutory 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 Counc il, 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 Sched ule adopted annually by the City Council. Applications for Variances 1108.401 . 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 clai med 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. Applications 1108.402 . 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. Board of Adjustment Decides Variances . 1108.403 All Variance applications are 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 Zoning Ordinance on the applicant’s property and the impact granting the Variance will have Comprehensive Plan. In addition the Board of Adjustment shal l consider 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 e ach of the criteria in Subsection 1108.406 to support its decision. Notice of Hearing 1108.404 . After receipt of a complete application, the Zoning Administrator shall set a date and publish notice of a public hearing before the Board of Adjustment. The public hearing must occur within 30 days after receipt of a complete application. The public hearing shall be held only after the notice required by subsection 1109.200 has been given. Public Hearings on Variance Applications 1108.405 . The Board of Adj ustment 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 ac tion 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 writte n notice must state the reason the City is extending the decision deadline. Decision on Variance 1108.406 . The Board of Adjustment, or City Council upon appeal, may grant a Variance from the strict application of the provisions of the Zoning Ordinance, i f 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 propos es 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 Subdi vision 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 o f 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. Limitations 1108.407 . 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 lo wer than the Flood Protection Elevation, or levels  of flood protection required in the Flood Plain District. Conditions and Modifications 1108.408 . 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 ne ighborhood, 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 th is Ordinance, shall nullify the Variance and be subject to prosecution as a misdemeanor. Appeals to the City Council 1108.409 . Any aggrieved person situated wholly or partly within 350 feet of the affected property, any officer or department representati ve 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 a timely appeal is filed, the decision of the Board of Adjustment shall not become effective until the City Council has rendered a decision o n the appeal. Payment of Fees 1108.410 . 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 until the applicable fees have been paid. Assent Form 1108.411 . 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 Variance. Variance Must be Recorded 1108.412 . The resolution approving a Variance shall include the 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 the Scott County Recorder and evidence of recording provided to the Zoning Administrator. Revocation and Cancellation of a Variance 1108.413 . A Variance may be revoked and canceled if the Zoning Administrator determines the property has been used i n 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 ca ncellations: (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 pr esent 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 Subse ction 1109.902. Expiration of Variance 1108.414 . 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 Varia nce if there is no evidence that substantial use or progress has occurred on the property or premise subject to the approved Variance. Expiration of Variances 1108.415 . The 1 year period used in this Ordinance to compute time to determine whether a Varia nce has been canceled or revoked shall begin with the date of adoption of the resolution granting the Variance. Extension of Variance 1108.416 . The owner of the property subject to a Variance may, by application and payment of the fee set by the City Cou ncil, apply for an extension of the 1 year Variance period. The application to extend the Variance request must be filed with the Zoning Administrator a minimum of 30 days before the expiration date of the Variance, but such request shall not be filed mor e than 60 days before the expiration date. The Board of Adjustment may, by resolution, extend a Variance for a reasonable period of time not to exceed 1 year. Denial 1108.417 . Variances may be denied by resolution of the Board of Adjustment. A resolu tion of denial shall constitute a finding by the Board of Adjustment that the conditions required for approval do not exist. Duration and Enforcement 1108.418 . 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. Reimbursement of City Costs 1108.419 . No Variance shall become valid until the applicant has paid to the City all fees due according to subsection 1109.900. Buildi ng Permits 1108.420 . 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. th Passed by the City Council of the City of Prior Lake this 18 day of July , 20 11 . ATTEST: _________________________ _____ _____________________ City Manager Mayor