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STAFF AGENDA REPORT
41
R. MICHAEL LEEK, ASSOCIATE PLANNER
CONSIDER ADOPTION OF ORDINANCE 96- 11
REGARDING INVALIDATION OF VARIANCES AND
CONDITIONAL USE PERMITS.
MAY 20,1996
The purpose of this item is to consider two (2) proposed
amendments to the Prior Lake City Code and Zoning
Ordinance 83-6. The first amendment would render all
variances and conditional use permits null and void after
one (1) year if required or appropriate permits have not
been obtained, rather than after one year only if appealed.
The second amendment would render variances granted
before November 5, 1985 (the date of publication of the
last revision) null and void six (6) months after publication
of the proposed amendment.
This issue arose in connection with a variance issued in
1977 and a building permit issued in March of this year for
the property identified as 15100 Martinson Island Road.
Since the issue was first raised, the City Attorney has
concluded that the site giving rise to the issue was and is
buildable "...without necessity of a variance..." because it
meets criteria contained in the Shoreland Ordinance.
(Memorandum from Suesan Lea Pace, City Attorney, to
City Manager and City Council).
Nonetheless, the discussions about that property led to
two realizations; 1) that state statute and previous Prior
Lake zoning ordinances did not provide for invalidation of
variances, and 2) that the amendment adopted in 1985
only invalidates variances and conditional use permits in
one year if the variance has been appealed. It is not good
planning practice to permit variances and CUPs to
continue indefinitely. Thus, the proposed amendment
16200 ~~7er~AW~s.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
ORDINANCE NO. 96-11
AN ORDINANCE AMENDING SECTION 5-6-6 OF THE PRIOR LAKE CITY
CODE AND AMENDING SECTION 7.7 OF THE PRIOR LAKE ZONING
ORDINANCE (83-6).
The City Council of the City of Prior Lake does hereby ordain:
Section 5-6-6 of the Prior Lake City Code and Section 7.7 of the Prior Lake Zoning
Ordinance (83-6) are hereby amended to read as follows:
7.7 INV ALIDA TION: Every conditional use permit and variance shall be null and
void one (1) year from the date of approval by the City
Council or Board of Adjustment without any further action
required by the City unless any required or appropriate
permit necessary to make use of the conditional use permit
or variance has been issued.
All conditional use permits and variances granted before
November 5, 1985, for which necessary, required and/or
appropriate permits have not been issued shall become null
and void six (6) months after publication of this ordinance.
All conditional use permits and variances granted between
November 5, 1985, and the adoption of this ordinance
which have not been appealed, and for which necessary,
required and/or appropriate permits have not been issued
shall become null and void six (6) months after publication
of this ordinance.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 20th day of May, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1996.
0RD9611.DOC/RML