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HomeMy WebLinkAbout6 - Appeal Process for Variance Decisions AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: 6 GARY SCHMITZ, PLANNING INTERN CONSIDER APPROVAL OF ORDINANCE 89-11 AMENDING PRIOR LAKE CITY CODE SECTIONS 5-6-3 AND 5-6-6 JANUARY 2,1990 The purpose of this item is to consider an amendment to Section 7.3 and 7.6 of the Zoning Ordinance (Sections 5-6-3 and 5-6-6 of the City Code) concerning the appeal process on variance decisions. This amendment defines the Planning Commission as the Board of Adjustment for variance applications. Any appeal will follow a specific process where the City Council will hear the appeal and make its decision by resolution. The amendment will give the City council, an applicant, or an aggrieved citizen a better understanding of what needs to be done should they want to appeal the decision of the Board of Adjustment. The party appealin9 the Board of Adjustments decision will have flve (5) working days after the decision to file an appeal with the city Manager. The City Council will then hear the appeal and make its decision by resolution. No building permit will be issued until the five working day appeal period has expired or the City Council has made a decision. The amendment to Section 7.6 of the Zoning Ordinance, which defines variance procedures, simpl:( takes the word "recommend" out of the existlng language because the Planning Commission is not a recommending body on variance decisions. Amending this section will help to resolve any conflict which may be interpreted under the existing language. (There has been some discussion in the past about Council taking action on all variances. This has never been formally acted upon and your general consensus has always been to retain the current procedure. Subsequently, Staff does not recommend any changes to the existing procedures.) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 The Planning Commission held a public hearing on the amendment on December 7, 1989 and December 21, 1989. The Planning Commission recommended that the length of time to appeal a decision should be changed from 5 days to 5 workin~ days so that the appealing party has ample tlme to prepare an appeal. Staff incorporated their recommendation into the proposed language. with the above mentioned change the Planning Commission approved Ordinance #89-11 and passed on a positive recommendation to the City council. (Attached for your reference are the December 7 & 21 Planning Reports which outline the proposed amendment) . ALTERNATIVES: The Council has two basic options: 1) To adopt the Ordinance at the meeting or; 2) To direct staff to place the ordinance on the consent agenda for adoption at the next meeting (January 16, 1990). AGENDA ITEM #6 CITY OF PRIOR LAKE ORDINANCE NO. 89-11 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTIONS 5-6-3 AND 5-6-6 AND PRIOR LAKE ZONING ORDINANCE NO. 83-6, SECTIONS 7.3 AND 7.6. The Council of ~he City ot Prior Lake does hereby ordain: Section 5-6-3 of Prior Lake City Code is hereby amended to read as follows: 5-6-3: (A) (B) BOARD OF ADJUSTMENT: The Planning Commission shall act as the Zoning Board of Adjustment with identical composition, membership, officers and terms of office with the following duties: Hearl review and au~horize variances from the re~ rements of this Title and to attach such conditions to the variance as it deems necessary to assure compliance with the ~urpose of this Title. The decision of the Board ot AdJustment may be appealed to the City Council by the City Council, the property owner or agent or any other person aggrieved by the decision of the Board of Adjustment. The party appealing the Board of Adjustment's decision shall file wIth the Ci~y Manager a notice of appeal stating the speeific qrounds upon Which ~he appeal is made within fIve (5) worklnl days after the date of the order of the Board of Ad ustment granting or denying the variance. The.C ty Counoil ahall then hAar such appeal and shall make its decision by resolution within a reasonable time atter the date of the City Council hearing or any continued hearinq. No building permit shall be issued until the appeal period has eXpired or, if an appeal is taken, until the city council has made its decIsion. Act in a purely advisory manner to the City Council in all cases exce~t variances( and special exceptions, provided for w1thin this T1tle, and transmit its recommendations in writing within six~y (60) days af~er a hearing or continued hearing to the City Council tor final action. Section 5-6-6(B)3 of Prior Lake Ci~y Code is hereby amended to read as follows: 3. ThQ Board of Adjustment shall, within thirty (30) days of submittal of all required exhibits, a~prove, deny or conditionally approve a variance app11cation. - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - --- - - - - - -- - --------- ----- - - - -- - - - - - - - - - - - - - - - - - ---- - ------ - - -- - - - - - - - - - - -- Published in the Prior Lake American on the ____ day ot , 1989. Drafted By: Lommen, Nelson, COle' stageberg, P.A. 1100 Tel Tower Minneapolis, Minnesota 55402 ........... ... ---... "AM09TB" PLANNING REPORT SUBJECT: ZONING ORDINANCE AMENDMENT - SECTION 7.3 DATE: DECEMBER 21, 1989 FROM: PLANNING DEPARTMENT INTRODUCTION: On December 7, 1989 a public hearing was held to consider a Zoning Ordinance Amendment to Section 7.3 and 7.6 which defines the duties, and appeal process on variance decisions, for the Board of Adjustment. At the hearing the Plannin~ Commission had several questions concerning the amendment. The ltem was tabled until these questions could be. answered. (Attached for your reference is the Dec. 7, 1989 Planning Report which outlines the proposed amendment.) DISCUSSION: The questions asked at the public hearing concerned the overall appeal process on variance decisions. The first question concerned the length of time an appeal can be filed after a decision is made by the Board of Adjustment. The Planning Commission questioned if the 5 day appeal period meant 5 working days or simply 5 days. The City Attorne~ recommends five working days as a sufficient length of time to f1le an appeal. The second question concerned the variance appeal procedures for the City Council. In the proposed amendment language the decision of the Board of Adjustment may be appealed to the City Council by the City Council. The Planning Commission questioned whether a Councilmember, alone, could appeal a decision for the entire Councilor does the City Council have to make the decision to appeal as a unified body. Research into the area found that the City Council must act as a unified body to appeal a variance decision. One Councilmember can't appeal for the entire Council. In the event that the City Council would wish to a~peal a Planning Commission decision, they would have the opportun1ty to call a special meeting and review the issue. This portion of the amendment is drafted correctly and should not be changed. RECOMMENDATION: The recommendation from staff is for the Planning Commission to ap~rove the Zoning Ordinance amendment as ~roposed. The word "Worklng" should be incerted after five (5) ln order to indicate that the appeal period will consist of five (5) working days after the Planning Commission decision. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447.4245 "AM09PC" PLANNING REPORT SUBJECT: ZONING ORDINANCE AMENDMENT - SECTION 7.3 DATE: DECEMBER 7, 1989 FROM: STAFF INTRODUCTION: The purpose of this public hearing is to consider an amendment to .Zoning Ordinance 83-6, Section 7.3 Board of Adjustment; 7.6 Variances and Prior Lake City Code Section 5-6-3 Board of Adjustment and 5-6-6 Variances. The amendment will add a specific appeal process whereby decisions of the Planning Commission may be appealed to the Cit~ Council. This amendment defines the Plannlng Commission as the Board of Ad~ustment for variance ap~lications. Any appeal will follow a speclfic process where the Clt~ Council will hear the appeal and make its decision by resolutlon. The Zoning Ordinance and City Code are proposed to be amended with the following paragraphs. Proposed language is typed with upper case letters. Existinq Lanquaqe: 5-6-3: 7.3 (A) BOARD OF ADJUSTMENT: The Planning Commission act as the Zoning Board of Adjustment identical composition, membership, officers terms of office with the following duties: Hear, review and authorize variances from the requirements of this Ordinance and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this Ordinance. The decision of the Board of Adjustment may be appealed to the City Council. Hear and review all applications for Conditional Use Permits provided for within this Ordinance. shall with and ( B) 5-6-6 7.6 The Board of Adjustment shall, within thirty (30) days of submittal of all required exhibits, recommend approval, denial or conditional approval. 4629 Dakota St. SE., Prior lake, Minnesota 5537? I Ph. (612) 4474230 I Fax (612) 4474245 Proposed Language: 5-6-3 7.3 BOARD OF ADJUSTMENT: THE PLANNING COMMISSION ACT AS THE ZONING BOARD OF ADJUSTMENT IDENTICAL COMPOSITION, MEMBERSHIP, OFFICERS TERMS OF OFFICE WITH THE FOLLOWING DUTIES: (A) HEAR, REVIEW AND AUTHORIZE VARIANCES FROM THE REQUIREMENTS OF THIS TITLE AND TO ATTACH SUCH CONDITIONS TO THE VARIANCE AS IT DEEMS NECESSARY TO ASSURE COMPLIANCE WITH THE PURPOSE OF THIS TITLE. THE DECISION OF THE BOARD OF ADJUSTMENT MAY BE APPEALED TO THE CITY COUNCIL BY THE CITY COUNCIL, THE PROPERTY OWNER OR AGENT OR ANY OTHER PERSON AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT. THE PARTY APPEALING THE BOARD OF ADJUSTMENT'S DECISION SHALL FILE WITH THE CITY MANAGER A NOTICE OF APPEAL STATING THE SPECIFIC GROUNDS UPON WHICH THE APPEAL IS MADE WITHIN FIVE (5) DAYS AFTER THE DATE OF THE ORDER OF THE BOARD OF ADJUSTMENT GRANTING OR DENYING THE VARIANCE. THE CITY COUNCIL WILL THEN HEAR SUCH APPEAL AND SHALL MAKE ITS DECISION BY RESOLUTION WITHIN A REASONABLE TIME AFTER THE DATE OF THE CITY COUNCIL HEARING OR ANY OTHER CONTINUED HEARING. NO BUILDING PERMIT SHALL BE ISSUED UNTIL THE APPEAL PERIOD HAS EXPIRED OR, IF AN APPEAL IS TAKEN, UNTIL THE CITY COUNCIL HAS MADE A DECISION. SHALL WITH AND (B) ACT IN A PURELY ADVISORY MANNER TO THE CITY COUNCIL IN ALL CASES EXCEPT VARIANCES, AND SPECIAL EXCEPTIONS, PROVIDED FOR WITHIN THIS TITLE, AND TRANSMIT ITS RECOMMENDATION IN WRITING WITHIN SIXTY (60) DAYS AFTER A HEARING OR. CONTINUED HEARING TO THE CITY COUNCIL FOR FINAL ACTION. EXISTING LANGUAGE: 5-6-6 7.6 The Board of Adjustment shall, within thirty (30) days of submittal of all required exhibits, recommend approval, denial or conditional approval. Proposed Lanquaqe: THE BOARD OF ADJUSTMENT SHALL, WITHIN THIRTY (30) DAYS OF SUBMITTAL OF ALL REQUIRED EXHIBITS, APPROVE, DENY, OR CONDITIONALLY APPROVE THE VARIANCE APPLICATION. RECOMMENDATION: The recommendation from staff is to approve the amendment to the Zoning Ordinance as proposed. This amendment will enhance the role of the Planning Commission and the a~peal process will be defined and equitably applied for all appllcations. Section 7.3 of the Prior Lake Zoning Ordinance is hereby amended to read as tollow.: 7.3 BOARD OF ADJUSTMENT: The Planninq commission shall act as the Zoninq Board of Adjustment with identical composition, membership, officers and terms of office with the following duties: A. Hear reviQw and authorize variances from the requIrements of this Ordinance and to attach such conditions to the variance aa it deems necessary to assure compliance with the purpose of this Ordinance. The decision of the Board of Adjustment may be appealed to the City Council by the city Council, the property owner or agent or any other person aggrieved by the decision of the Board of Ad~ustment. The party appealing the Board ot AdJustment's decision shall file with the Cit~ Manager a notice of appeal stating the specif1c grounds upon which the appeal is made within five (S) working days after the date of the order ot the Board of Adlustment granting or denying the variance. The C ty Council shall then hear such a~peal and shall make its decision by resolution w~thin a reasonable time after the date of the City Council hearing or any continued hearing. No building permit shall be issued until the appeal periOd has expired or, if an appeal is taken, until the City Council has made its decision. 8. Act in a purely advisory manner to the City council in all cases except variances, and special exceptionSl provided for within this ordinance, and trans. ~ its reeommendations in writin9 within sixty (60) days after a hearing or continued hearing to the City Council tor tinal action. Section 7.6 B.3. of the Prior Lake Zoning Ordinance is hereby amended to read as follows: 3. The Board (30) days exhibits, approve a of Adjustment shall, within thirty ot submittal of all required approve, deny or conditionally variance application. This ordlnanQe shall become etfective from and after its passaqe and publication. Passed by the City Council ot the City of Prior Lake this ____ day of , 1989. ATTEST: City Manaqer Mayor I I 11IOI--------------------------------------------------------------------------------~--------~-.::~------