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PLANNING COMMISSION AGENDA REPORT
MEETING DATE: OCTOBER 21, 2013
AGENDA #: 4B
PRESENTED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: YES
AGENDA ITEM: PUBLIC HEARING TO CONSIDER AMENDMENTS TO SECTION 1004.600
(EASEMENTS); SECTION 1101.500 (GENERAL PROVISIONS); SECTION
1102.405 (DIMENSIONAL STANDARDS IN THE R-1, LOW DENSITY
RESIDENTIAL USE DISTRICT); SECTION 1102.700 (RESIDENTIAL
PERFORMANCE STANDARDS); AND SECTION 1108.406 (DECISION ON
VARIANCE) OF THE PRIOR LAKE ORDINANCE
DISCUSSION: Introduction
The purpose of this agenda item is to review ordinance amendments to Section
1004.600 (Easements); Section 1102.405 (Dimensional Standards in the R-1,
Low Density Residential Use District); Section 1102.700 (Residential
Performance Standards); and Section 1108.406 (Decision on Variance) of the
Prior Lake Ordinance.
Current Circumstances
City Staff have been discussing possible amendments and updates to the Prior
Lake Ordinance to provide greater flexibility and site design options, additional
"business friendly" initiatives, to clarify zoning interpretations, and provide
consistency in code enforcement. On June 3, 2013 the Planning Commission
directed staff to initiate a review of several ordinances for amendments. The
following amendments to the Prior Lake Ordinance are proposed at this time:
Section 1004.600 (Easements), Section 1101.500 (General Provisions), &
Section 1102.405 — (Dimensional Standards in the R-1, Low Density
Residential Use District)
In 2011 the City Council approved new standards to the Public Works Design
Manual which regulates design standards of streets, utilities, and a variety of
public infrastructure and general construction projects. The Public Works
Design Manual is incorporated into the Ordinance by reference. One such
change that was made to the manual included the requirement of placing all
utility lines within right-of-way or publicly -dedicated outlot areas, and no
longer including consideration of public easements on private property for the
location of these utilities.
This policy change has brought upon the creation of larger separation
distance between housing units in recent subdivisions due to the fact that
building setbacks are measured from property lines (including outlot lines)
and not from easement areas that are incorporated within a private lot.
Therefore, an ordinance change is proposed in relation to lot area, lot width,
and the side yard setback on properties which border these utility outlot
properties.
A draft proposal for these modifications is identified in the attached exhibit.
This exhibit identifies the following changes to R-1 residential properties
which border a utility outlot:
Ordinance
Requirement
Current
Proposed
Lot Width
86 ft.
80 ft.
Lot Area
12,000 sq. ft.
11,000 sq. ft.
Side Yard Abutting
an outlot
10 ft.
5 ft.
The corresponding ordinance revisions to Section 1004, 1101 and 1102 are
also attached to this report.
Section 1102.700 —(Residential Performance Standards)
In the past several months the City Council has given direction to the Code
Enforcement Officer in regards to storage of recreational equipment and
accessory structures. The City Council has also expressed a desire to
consider clarifications and updating of the current ordinance language in
regards to storage of recreational equipment in front yards and on vacant
parcels. Therefore City Staff is proposing ordinance amendments to Section
1102.700 referring to the storage of recreational equipment and accessory
structures (see attachment). These amendments are proposed to provide
better clarification and intent of the regulations for the general public and
provide general consistency with other lake communities.
Section 1108.406 — (Variance Findings of Fact)
The City Attorney has informed City Staff that language of a finding of fact
included within the variance findings may be conflicting in relation to the
current MN State Statutes which govern variances. The listed finding
criteria is as follows: "The granting of the variance is necessary to permit the
reasonable use of the property involved." At the advisement of the City
Attorney, City Staff proposing removal of this finding to appropriately
emulate the MN State Statue intentions (see attached ordinance revision).
ISSUES: The City requirements regarding amendments to the Ordinance state that
recommendations of the Planning Commission and final determinations of the
City Council shall be supported by findings addressing the relationship of the
proposed amendment to specific policies.
In the case of amendments to the formal text of this Ordinance:
➢ There is a public need for the amendment, or
➢ The amendment will accomplish one or more of the
purposes of this Ordinance, the Comprehensive Plan or
other adopted plans or policies of the City, or
➢ The adoption of the amendment is consistent with State
and/or Federal requirements.
1. There is a public need for the amendments.
The proposed ordinance amendments are intended to provide better
clarification and intent of the regulations for the general public and provide
general consistency for residential properties with other lake communities.
City Staff research identified areas where further clarity in the City of Prior
Lake Ordinances would be improved for residential performance standards
related to zoning as well as assist in the development of land near public
outlots without hindering the outlots intent. The proposed Ordinance
amendments address these identified areas for residential property
development and clarify the intent of City regulations.
2. The amendments will accomplish one or more of the purposes of this
Ordinance, the Comprehensive Plan, or other adopted plans or policies
of the City.
This amendment will accomplish a goal of the 2030 Vision and Strategic Plan
under the Housing Quality and Diversity strategic element, which is to
maintain a choice of and encourage development of quality residential
environment. In addition, the amendments will achieve the policy of the City
to enact and maintain policies and ordinances to ensure the public safety,
health, and welfare. Also the proposed amendments meet the following
purposes of the Ordinance:
➢ Protect the residential, business, industrial and public areas of the
community and maintain their stability.
➢ Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
➢ To assist in balancing and harmonizing the interests of the subdivider
with those of the City at large.
3. The adoption of this amendment is consistent with State and/or federal
requirements.
These amendments are consistent with federal and state requirements.
Specifically in the case of the ordinance amendment to Section 1108, the
purpose is to align the City's ordinance with the State Statute.
CONCLUSION:
The proposed Ordinance amendments are intended to provide better
clarification and intent of the regulations for the general public and provide
general consistency for residential properties with other lake communities as well
as align the Ordinance with State Statues in the case of the amendment to
Section 1108. City Staff believes these ordinance amendments will accomplish
purposes defined in the City's Comprehensive Plan and Ordinances. Based
upon the findings set forth in this report, staff recommends approval of the
proposed Ordinance amendments.
ALTERNATIVES: 1. Motion and second recommending the City Council approve the Ordinance
amendments as proposed, or with changes specified by the Planning
Commission.
2. Recommend the City Council deny the proposed Ordinance amendments
based on specific findings.
3. Table or continue discussion of the item for a specific purpose.
RECOMMENDED City Staff recommends Alternative #1.
MOTIONS:
EXHIBITS: 1. Redlined Ordinance Amendments to Section 1104, 1101, 1102, & 1108
2. Exhibits to illustrate outlot and recreational equipment amendments
Zoning Ordinance
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100:
Residential District Regulations
1102.200:
"A" Agricultural Use District
1102.300:
"R -S" Rural Subdivision Residential Use District
1102.400:
"R-1" Low Density Residential Use District
1102.500:
"R-2" Medium Density Residential Use District
1102.600:
"R-3" High Density Residential Use District
1102.700:
Residential Performance Standards
1102.800:
"TC" Town Center Use District
1102.900:
"TC -T" Transitional Town Center Use District
1102.1000
"C-1" Neighborhood Commercial Use District
1102.1100:
"C-2" General Business Use District
1102.1200
"C-3" Business Park Use District
1102.1300:
Commercial Restrictions and Performance Standards
1102.1400
1-1" General Industrial Use District
1102.1500:
Industrial Performance Standards
(The following is an excerpt for illustrative purposes)
1102.400: "R-1" Low Density Residential. The purpose of the "R-1" Low -Density
Residential Use District is to provide areas where the emphasis is on single-family
residential development. The Use District provides for other uses which are
compatible with the overall low-density of these areas and which will serve the
residential neighborhood.
1102.405Dimensional Standards.
(1) No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as
provided in Subsection 1101.508.
(2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3.
(3) The following minimum requirements and those additional requirements, exception
and modifications contained in provisions (4) through (R11) below and in the
Subdivision Ordinance shall govern the use and development of lots in the "R-1" Use
District.
Lot Area (Sq. ft.)
Lot Width (ft.)
Front Yard (ft.)
Side Yard (ft.)
Rear Yard (ft'.)
12,000
86
25
10
25
(4) Density: The minimum density for new development in the R-1 Use District is 2
units per acre. The maximum density for new development in the R-1 Use District
City of Prior Lake
June 1, 2009 1102
Zoning Ordinance
is 4 units per acre. These densities shall be achieved utilizing the minimum lot
areas listed in Subsection 1102.405 (3).
(5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the
required front yard may be reduced if the average depth of at least 2 existing front
yards, for buildings within 150 feet along the same block front of the lot in question
is less than 25 feet. However, the depth of a front yard shall not be less than 20
feet.
(6) Through lots and corner lots shall have a required front yard on each street.
(7) The width of the side yard setback abutting a building wall shall be increased 2
inches for each 1 foot the length of the building wall exceeds 60 feet. The additional
setback will not be applied if there is a break in the building wall equal to 10% of
the entire length of the wall. For the purpose of this subsection, a wall includes any
building wall within 10 degrees of being parallel to and abutting the side lot line of
a lot.
(8) Side yard widths may be reduced if the side wall of a building is not parallel by
more than 10 degrees with the side lot line, to permit the average depth of the side
yard to conform to the minimum side yard depth in the District, but no side yard
shall be less than 5 feet deep. No side yard shall be reduced to prevent
construction of a driveway from the street into the rear of the lot unless a garage
which has access from the street is located on the lot or an alley provides a
secondary access to the rear yard of the lot.
(9) A single family dwelling which legally existed or for which a valid building permit
had been granted on or before the effective date of this Ordinance, may be
expanded by an addition or dormer, provided the addition does not extend into the
existing side yard, and provided the combined width of the side yard for the building
and the adjacent building is not less than 10 feet.
(10) Any parcel which is subdivided for the purpose of creating condominium ownership
is permitted provided that the overall density created within all condominium
parcels and the common lot does not exceed the maximum density permitted
within the zoning district. Any front, rear, and side yard dimensions shall apply
from the building face to the property line of the common lot.
(11 J_ The lot width and lot area allowed in the R-1 Use District may be reduced to no
less than 80 feet in width and 11,000 square feet in area if the property abuts an
outlot area designated for public drainage and/or utility lines. The following criteria
are must also be met:
➢ Lots may have side yards of not less than 5 feet for an interior side yards which
abuts the outlot area.
➢ No fences, walls, accessory structures, or overhangs are allowed within the outlot
area.
City of Prior Lake
June 1, 2009 1102
Subdivision Code
SECTION 1004
DESIGN STANDARDS
SUBSECTIONS:
1004.100:
PUBLIC WORKS DESIGN MANUAL
1004.200:
BLOCKS
1004.300:
LOTS
1004.400:
STREETS AND ALLEYS
1004.500:
SIDEWALKS AND MULTI-PURPOSE TRAILS
1004.600:
EASEMENTS
1004.700:
EROSION AND SEDIMENT CONTROL
1004.800:
STORM DRAINAGE
1004.900:
PROTECTED AREAS
1004.1000:
DEDICATION REQUIREMENTS
1004.1100:
MINIMUM DESIGN FEATURES
1004.1200:
ZONING ORDINANCE CONSISTENCY
(The following is an excerpt for illustrative purposes)
1004.600 EASEMENTS.
1004.601 Width And Location. An easement for utilities at least ten feet (10') wide shall
be provided along all lot lines. If necessary for the extension of watermain, sewer
lines, stormwater sewer lines, drainage, and other utilities, easements of greater
width may be required along lot lines or across lots.
1004.602 Continuous Utility Easement Locations. The design and location of utility
easements shall connect with easements established in adjoining properties.
These easements, when approved, shall not thereafter be changed without the
written approval of the City Council after a public hearing.
1004.603 Exclusion From Minimum Lot Area. Easements established over major
drainage ways, wetlands, water bodies, road right-of-ways, and regional
utility/pipeline easements shall be excluded from the calculation of minimum lot
areas as defined by the Subdivision Ordinance and by the provisions of the
Zoning Ordinance.
1004.604 Outlot Alternative. The City may require outlots rather than easements for
wetlands, watermain sewer lines storm sewer lines drainage areas, temporary
cul-de-sacs and other features, when these features will be owned and
maintained by the City. The subdivider is responsible for providing the City with a
recorded warranty deed, in a form approved by the City Attorney, for the outlot
and for payment of all taxes on the outlot. A recorded copy of this deed shall be
delivered to the City immediately upon recording of the final plat.
City of Prior Lake
1004
Zoning Ordinance
SECTION 1101
GENERAL PROVISIONS
SUBSECTIONS
1101.100:
Purpose and Intent
1101.200:
Overview
1101.300:
Rules of Construction
1101.400:
Definitions
1101.500:
General Provisions
1101.600:
Districts Established
1101.700:
Zoning Map
1101.800:
Boundaries
1101.900:
Uses Not Listed
1101.1000:
Land Use Descriptions
1101.1100:
Motorcycles
(The following is an excerpt for illustrative purposes)
1101.500: GENERAL PROVISIONS. The intent of this subsection is to provide a set of
regulations applicable to all Zoning Use Districts. The specific requirements for each
Zoning Use District are listed in subsections 1102.100 through 1102.1600. The
General Provisions are listed for the following:
➢ Lot Provisions
➢ Required Yards/Open Space
➢ Yard Encroachments
➢ Fences
➢ No Sewer and Water
➢ Traffic Visibility
➢ Pedestrian Access
➢ Height Limitation
➢ Grading, Filling, Land Reclamation and Excavation
➢ Temporary Uses
1101.502 Reauired Yards/Open Space.
(1) The area of a yard, bufferyard, or other open space shall not be reduced below the
minimum size required by this Ordinance.
(2) If the existing yard is less than the minimum size required by this Ordinance, it shall
not be further reduced in size.
(3) If the existing bufferyard or other open space is less than the minimum size required
by this Ordinance, it shall not be reduced in size.
City of Prior Lake
Tune 1. 2009 1101
Zoning Ordinance
(4) No yard or open space which is required by this Ordinance for any structure shall be
included as a part of any yard or open space which is required by this Ordinance for
another structure, except as provided in Subsection 1107.2000.
(5) Usable open space which is required by this Ordinance shall contain improvements
such as outdoor swimming pools, patio areas, game areas, landscaped and grassy
areas which contain benches, sculpture gardens, pedestrian paths and trails, or
similar outdoor fixtures or features. Roofs, driveways, and parking areas shall not
constitute usable open space. The minimum dimension of usable open space shall
be 30 feet.
(6) On a through lot, both street lines shall be front lot lines for the purpose of applying
this Ordinance.
(7) Nonconforming lots of record in the R-1 and R-2 Use Districts may have side yards
of not less than 5 feet if the following criteria are met:
➢ The sum of the side yards on the nonconforming lot is at least 15 feet.
➢ No yard encroachments, as permitted in Subsection 1101.503, are located
within 5 feet of an adjoining lot.
➢ A minimum separation of 15 feet is maintained between all structures on the
nonconforming lot and on the adjoining lot.
(8) Lots of record in the R-1 and R-2 Use District may have side vards of not less than 5
feet for an interior side yard which abuts an outlot area designated for public drainage
and/or utilitv lines if the followina criteria are met:
area.
City of Prior Lake
Tune 1. 2009 1101
Formatted: Indent: Left: 0", First line: 0"
Formatted: Bulleted + Level: 1 + Aligned at: 1" + Indent
at: 1.25'
Outlot Ordinance Amendment
Current Ordinance
192 ft.
86 ft. 86 ft.
0 0
0 0
Lot 1 Q Lot 2
41
a
0
12,040 sq. ft. 12,040 sq. ft.
Proposed Ordinance
180 ft.
80 ft. 80 ft.
0
0
Lot 1 +� Lot 2
o -
4
o W*
rl
11,000 sq. ft. 11, 000 sq. ft.
Zoning Ordinance
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential District Regulations
1102.200: "A" Agricultural Use District
1102.300: "R -S" Rural Subdivision Residential Use District
1102.400: "R-1" Low Density Residential Use District
1102.500: "R-2" Medium Density Residential Use District
1102.600: "R-3" High Density Residential Use District
1102.700: Residential Performance Standards
1102.800: "TC" Town Center Use District
1102.900: "TC -T" Transitional Town Center Use District
1102.1000 "C-1" Neighborhood Commercial Use District
1102.1100: "C-2" General Business Use District
1102.1200 "C-3" Business Park Use District
1102.1300: Commercial Restrictions and Performance Standards
1102.1400 1-1" General Industrial Use District
1102.1500: Industrial Performance Standards
(The following is an excerpt for illustrative purposes)
1102.700: Residential Performance Standards. No structure or premises within any
"R" Use District shall be used for one or more of the following uses unless its use
complies with the following regulations:
(1) All trash, garbage, waste materials, trash containers, and recycling containers shall
meet parking setbacks and shall be stored in a manner provided in the City Code.
(2) No vehicle shall be stored, displayed, parked or allowed in any of the required yard
or landscaped areas; except as permitted by subsection 3 below, or by Subsection
1107.204 (12).
(3) The intent of this ordinance is to allow for the orderly storage of recreational
equipment on property at certain locations during on and off seasons. During off
season times, the equipment shall be located in the most visually inconspicuous
portion of the lot asviewed from the front, or from the street.
Ourrently licensed and oDerable winter recreational eauiDment may be Darked
on or adjacent to a driveway on a lot in theB1Jse District from November 1 to
April 1 each year. Currently licensed andoperable summer recreational
equipment may be parked on or adjacent to a driveway on a lot in a B1Jse
District from April 1 to November 1 each year.
At all other times. recreational eauiDment shall be stored in the rear or side vard
For purposes of this section, side yards shat I also i n ude areas ext endi na from
the prindpal house structure, using lines parallel to the sides of the house
extending to the rear and front yard lines In no case shall recreational
equipment be parked in the front yard, unless an exemption is granted bythe
City of Prior Lake
Tune 1. 2009 1102
Zoning Ordinance
ZoningAdministrat or identified in this section. Recreational equipment shall be
setback a minimum of five feet from the rear or sideyard.
Formatted: Indent: Left: 0"
If topography or other natural conditions of the lot do not allow for thestorage Formatted: Indent: Left: 1"
in the side or rear yards as permitted above, the recreational equipment may be
parked in an alternate, but most inconspicuous, location of the lot subject to
written approval of the Zoning Administrator. No encroachment of the
equipment shall occur into the public right-of-way.
Formatted: Indent: Left: 0", Hanging: 1"
No recreational equipment may be parked in BXJse Districtsthat does not have Formatted: Indent: Left: 1°
the same ownership between the equipment and any family member occupying
the property. A house being rented shall only allow storage of recreational
equipment owned by the persons) rentingthe principal structure.
® Formatted: Indent: Left: 0", Hanging: 1"
For riparian Iotswithout a principal structure, recreational equipment shall be Formatted: Indent: Left: 1"
located between the Ordinary High Water Bevation, and aline no morethan
thirty feet _;&�4rorn the Ordinary High Water Bevation and no Iessthan five
feet ��Mom the side lot line.
(4) All utility lines including electric, gas, water, sanitary sewer, telephone, and
television cable shall be placed underground when used with all new structures or
additions which expand the gross square footage of a structure by more than 50
percent unless used for service to single family or two-family houses. In addition,
any new service to an existing building other than a single family or two-family
dwelling shall be placed underground.
(5) All access roads shall have a poured -in-place concrete curb measuring at least 6
inches above and below the grade in all developments except developments of
single family or two-family dwellings.
City of Prior Lake
Tune 1. 2009 1102
Zoning Ordinance
(6) Interior pedestrian circulation and pedestrian linkage to any existing public trails or
sidewalks shall be provided where practically possible for all developments except
developments of single family or two-family dwellings.
(7) All single and two family homes shall:
a. Be built on a permanent foundation;
b. Be connected to the City sanitary sewer and water unless exempted under
the provisions of Subsection 1101.505; and
C. If the home is a manufactured home, it shall:
➢ Have a permanent, completely enclosed foundation constructed around
the entire circumference of the structure and which complies with the State
Manufactured Home Building Code.
➢ Meet the standards and be certified by the U.S. Department of Housing
and Urban Development.
(8) Accessory Structures.
a. General requirements. Accessory uses and structures shall comply with the
following standards and all other applicable regulations:
➢ No accessory use or structure shall be constructed or established on any
lot prior to the time of construction of the principal use to which it is
accessory.
➢ The accessory use or structure shall be incidental to and customarily
associated with the principal use or structure.
➢ The accessory use or structure shall be subordinate in area, extent, and
purpose to the principal use or structure served.
➢ The accessory use or structure shall be located on the same zoning lot
as the principal use or structure, except for accessory off-street parking
and loading facilities and as defined in Section 1101.501 (d), and subject
to the provisions of Section 1107.
b. Design criteria. In all residential districts, the design and construction of any
garage, carport, or storage building shall be similar to or compatible with the
design and construction of the main building. The exterior building materials,
roof style, and colors shall be similar to the main building or shall be
commonly associated with residential construction. In addition, the following
shall apply:
➢ Pole building structures are prohibited, except in the "A" Use District.
➢ Attached structures. An accessory structure shall be considered
attached, and an integral part of, the principal structure when it is structurally
connected to the principal structure or located 6 feet or less from the principal
structure. Such structures shall be subject to the provisions of this Ordinance
applicable to principal structures including, but not limited to, setbacks,
building height, and other dimensional requirements.
City of Prior Lake
Tune 1. 2009 1102
Zoning Ordinance
➢ Detached structures. A detached accessory structure must be structurally
independent from the principal structure. Detached accessory structures
shall be permitted in residential districts in accordance with the following:
1. The total ground floor area of all detached accessory structures
located on a single residential property in the R-1, and R-2 Use
Districts shall not exceed 1,000 square feet or 30% of the rear
yard.
2. The total ground floor area of all detached accessory structures in
the R-4 Use District shall not exceed 30% of the rear yard.
3. No accessory building shall be located within 40-5 feet of any lot
line abutting lots in an "R" Use District.
4. Maximum height shall not exceed fifteen (15) feet as measured
from the mean grade level at the front face of the accessory
structure to the top of the parapet or rooftop equipment, whichever
is higher, of a flat roof, to the deck line of a mansard roof; to the
uppermost point on a round or other arch type roof; or the mean
distance of the highest gable on a pitched or hip roof.
5. Detached accessory structures shall be located to the side or rear
of the principal building, and are not permitted within the front yard
or within a side yard abutting a street except as provided in
subsections 6 and 7 below.
6. No detached accessory building erected to the side or rear of a
principal building on a corner lot shall be located within 25 feet of
any property line abutting a street.
7. No accessory structure may be located in any public right of way®
or public easement except by consent of the City Engineer or
his/her designee.
7:8.On riparian lots in the Shoreland District, one (1) detached
accessory building designed and used as a garage may be
located between the front building wall and the street or private
road providing access to the lot subject to the following conditions:
• The accessory building must be located so that it meets all
front RQ„d s,idp yard requirements of a principal structure.
• The accessory building must be compatible in design and
materials with the principal structure.
• The accessory structure may be used only for storage of
vehicles and other equipment incidental to residential uses.
• There shall be no home occupations or other nonresidential
use of the building.
• The accessory structure must meet all other requirements of
subsection 1102.700(8).
City of Prior Lake
Tune 1. 2009 1102
Recreational Storage Ordinance Amendment
Rear Yard
Zoning Ordinance
SECTION 1108
CONDITIONAL USE PERMITS, VARIANCES, AMENDMENTS AND
INTERIM USE PERMITS
SUBSECTIONS
1108.100: Standards and Procedures Governing Conditional Use Permits,
Variances, and Amendments
1108.200: Conditional Use Permits
1108.300: Continuation of Certain Conditional Use Permits
1108.400: Variances to the Provisions of the Zoning Ordinance
1108.500: Amendments to the Zoning Ordinance and the Official Zoning Map
1108.600: Policy for Amendments
1108.700: Special Procedure for Comprehensive Rezoning
1108.800: Procedure for Comprehensive Plan Amendments
1108.900: Site Plan Review
1108.1000: Interim Use Permits
(The following is an excerpt for illustrative purposes)
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 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.
1108.406 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
City of Prior Lake
June 1, 2009 1108/pt
Zoning Ordinance
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.
{43 3 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} 4 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} 5 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.
City of Prior Lake
June 1, 2009 1108/p2