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Northwest Associated Consultants, Inc. <br />U R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H <br />MEMORANDUM <br />TO: Little Canada Planning Commission <br />FROM: Stephen Grittman <br />DATE: 6 April 1995 <br />RE: Little Canada - Vote Counts for Zoning and Subdivision Approvals <br />FILE NO: 758.10 - 95.08 <br />BACKGROUND <br />The City Council has requested a review of the required votes for various zoning and subdivision <br />approvals. This issue has been raised in light of the recent interpretation that the Subdivision <br />Ordinance appears to be in conflict with itself regarding variances from the Subdivision <br />Ordinance standards. A reference in the Subdivision Ordinance states that the City Council is <br />acting as the Board of Adjustment and Appeals when it hears Subdivision Ordinance variance <br />requests. The City Attorney has explained that this reference indicates a weighted majority vote <br />is necessary for such variances, whereas the ordinance language itself states that only a simple <br />majority is necessary. In order to eliminate the inconsistency, the Council voted to clarify the <br />Subdivision Ordinance to require simple majority, pending further study. <br />ISSUES <br />State Law Requirements <br />The Council is requesting Planning Commission study and recommendation as to zoning <br />variances, conditional use permits, and subdivision variances. The State Statutes do not specify <br />either simple or weighted majorities for any of these actions, so the City is free to set its own <br />standards. Comprehensive Plan amendments and zoning district and text amendments are <br />required by Statutes to be adopted by weighted (two - thirds) majority. Subdivisions and <br />amendments to the Subdivision Ordinance may be approved by simple majority. <br />Current Little Canada Ordinance <br />Currently, the Little Canada Ordinance requires all zoning approvals, including amendments, <br />variances, and conditional use permits to be approved by four -fifths vote of the Council. All <br />subdivision actions, including amendments to the ordinance, subdivisions and plats, and variance <br />from the Ordinance standards may be approved by simple majority of the full Council. <br />5775 Wayzata Blvd. • Suite 555 St. Lot <br />Page 12 <br />(612) 595- 9636•Fax. 595 -9837 <br />