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AGENDA ITEM 6 A i and ii <br />STAFF ORIGINATOR: Jeff Smyser <br />C. C. MEETING DATE: July 25, 2011 <br />TOPIC: i. SECOND READING: Ordinance No. 15-11 <br />Amending Section 2, Subd. 4 of the Zoning Ordinance <br />Regarding Variances <br />ii. Resolution No. 11-75, <br />Summary of Ordinance No. 15-11 for Publication <br />ACTION: 3/5 vote for Ordinance No. 15-11 <br />4/5 vote for Resolution No. 11-xx <br />BACKGROUND <br />The City Council approved the first reading of Ordinance No. 15-11 on July 11. <br />Cities in Minnesota have the authority to adopt and amend a zoning ordinance, a power granted <br />by state statute. The statute also includes criteria for granting variances. The 2011 Minnesota <br />Legislature amended the statute, significantly changing the variance criteria. The amendment to <br />the statute also requires that conditions attached to the variance must be directly related to <br />and must bear a rough proportionality to the impact created by the variance. <br />The Lino Lakes zoning ordinance contains variance criteria in Section 2, Subdivision 4. The <br />amendments make our zoning consistent with the new statutory changes. In addition, the passage <br />regarding the state deadline law has been revised for clarity. <br />OPTIONS <br />1. Approve the second reading of Ordinance No. 15-11. <br />2. Approve Resolution No. 11-75, the summary of Ordinance No. 15-11, for publication <br />3. Return to staff with direction. <br />RECOMMENDATION <br />Options 1 and 2 <br />