03-05-2018 Council Work Session Packet

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1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. __-18 ORDINANCE AMENDING CHAPTER 901, SECTION 901.03 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO PUBLIC NUISANCES AFFECTING PEACE AND SAFETY, BY ADDING A NEW SUBDIVISION IN REGARD TO A VARIANCE PROCESS The City Council of the City of Lino Lakes, Minnesota, does ordain: Section 1. That Section 901.03, Subdivision 4 (b) be amended by adding the following: 3. Variances. The city council shall have authority, consistent with this section, to grant variances from the construction activity limitations in Section 901.03, subd. 4 (b). Every application for a variance shall be made to the department on forms supplied by the city and shall state the applicant's name and address, the name and address of the business, if different, dates during which the variance is requested, location of all particular noise sources and times of operation, nature of noise sources and equipment involved, reasons why a variance is sought, steps taken to minimize the noise level, a noise impact statement, if required by the department. A fee, in the amount specified in the ordinance establishing fees and charges, shall be paid to the city along with the completed application form. Notice: The department shall notify by mail all property owners within three hundred (300) feet of the sources of noise for which a variance is requested, measured from the property lines of particular noise sources. The notice shall include a statement describing the variance request, the date of the public hearing before the city council on the variance request, and a statement that written comments or objections may be filed with the department within fifteen (15) days of the notice. Action. Within thirty (30) days of receipt of the application, the city council shall hold a public hearing on the application. After a public hearing, the council may by resolution grant, deny, modify or revoke the variance request. The variance may be granted or modified only if the council finds that full compliance with the requirements of this chapter would constitute an unreasonable hardship on the applicant, on other persons, or on the community. The council shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance. The variance may be granted subject to conditions, including restricting the