HomeMy WebLinkAbout2011-015 Council OrdinancesL.,
1st Reading: July 11, 2011
Publication: g / 2
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2nd Reading: 7-1 „ ., R
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Effective: 9 / 1
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Council Member Gallup
moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 15-11
AN ORDINANCE AMENDING SECTION 2, SUBDIVISION 4 OF THE LINO
LAKES ZONING ORDINANCE REGULATING VARIANCES
The City Council of the City of Lino Lakes hereby ordains:
Section 1 Findings
The City Council makes the following findings:
1. The City of Lino Lakes adopted and occasionally amends a Zoning Ordinance in accordance
with Minnesota Statute 462.357.
2. Minnesota Statute 462.357, Subdivision 6 includes variance criteria and restrictions. The
Minnesota Legislature amended this subdivision with Minnesota Session Laws 2011,
Chapter 19.
3. Section 2, Subdivision 4 of the Lino Lakes Zoning Ordinance governs variances as
authorized by statute. The Legislature's amendment of the statute necessitates amending the
Zoning Ordinance.
4. The Zoning Ordinance itself includes criteria for amending the Zoning Ordinance in Section
2, Subdivision 1.E. They include:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
3. The proposed use conforms with all performance standards contained herein.
4. The proposed use can- be accommodated with existing public services and will not
overburden the City's service capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property.
Amending the variance criteria to be consistent with state statute presents no conflicts or
inconsistencies with these criteria.
Section 2 Ordinance Amendment
Section 2, Subd. 4. of the Zoning Ordinance is amended as indicated in Attachment A
Section 3
As above amended, the Zoning Ordinance shall stand as initially passed and previously amended.
Section 4
This ordinance shall be in force and effect from and after its passage and publication according to
the Lino Lakes City Charter.
ATTEST:
u is e Bartell, City
lerk
L
Jeff Rei ► ert, ayor
Adopted by the Lino Lakes City Council this 25th day of July, 2011.
The motion for the adoption of the foregoing ordinance was duly seconded by Council Member
Rafferty
and upon vote being taken thereon, the following voted in favor thereof:
Gallup, Rafferty, Roeser, O'Donnell, Reinert
The following voted against same:
none
Whereupon said ordinance was declared duly passed and adopted.
ATTACHMENT A
Lino Lakes Ordinance No. 15-11
Text to be added is underlined, text to be deleted is in str; ket rou nh,
Subd. 4. Administration: --Variances and Appeals.
A. Variances. Variances from the requirements of this ordinance, including restrictions
placed on nonconformities, may be granted under the following conditions.
1. Criteria and Findings of Fact. No variance shall be granted unless it meets all the
criteria in paragraphs a. through f. or unless paragraph g. applies. The City shall
make findings regarding compliance with these criteria.
a. The variance shall be in harmony with the general purposes and intent of
the ordinance.
b. The variance shall be consistent with the comprehensive plan.
c. There shall be practical difficulties in complying with the ordinance.
"Practical difficulties," as used in connection with the granting of a
variance, means that the property owner proposes to use the property in a
reasonable manner not permitted by the ordinance. Economic
considerations alone do not constitute practical difficulties. Practical
difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
d. The plight of the landowner shall be due to circumstances unique to the
property not created by the landowner.
e. The variance shall not alter the essential character of the locality.
f. A variance shall not be granted for any use that is not allowed under the
ordinance for property in the zoning district where the subject site is
located.
g.
In accordance with MN Stat. 462.3 57, Subp. 6, variances shall be granted
for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14,
when in harmony with the zoning ordinance.
A. Variances. Variances from the literal provisions of the ordinance may be granted in
circumstances unique to the individual property under consideration.
1. Findings of Fact. In considering all requests for variance or appeal and in taking
subsequent action, the City shall make a finding of fact:
a. That the property in question cannot be put to a reasonable use if used
�.. under conditions allowed by the official controls.
b. That the plight of the landowners is due to physical circumstances unique
reasonable use for the property exists under the terms of the ordinance.
d. That granting the variance requested will not confer on the applicant any
special privilege that would be denied by this ordinance to other lands,
structures, or buildings in the same district.
e. That the proposed actions will be in keeping with the spirit and intent of
the ordinance.
2. Variance Procedure. The City shall decide upon requests for variance by
approving or denying the same in part or in whole. The procedure for granting
variances is as follows:
a. A person desiring a variance shall fill out and submit to the Zoning
Administrator or his/her designee a "Land Use Application Form",
together with a fee as established by City Council resolution/ordinance and
all related material to document said hardship.
b. The request for variance shall be placed on the agenda of the Planning and
Zoning Board according to the City's deadline and meeting schedule. The
request shall be considered as being officially submitted and the
application approval timeline commences when all the information
requirements are complied with.
c. The City Council must approve or deny the application within sixty (60)
days of receiving all required information. Failure of the City Council to
deny an application within sixty (60) days is approval of the request. If the
City Council denies an application, it shall state in writing the reasons for
the denial at the time it denies the application. However, when a vote on a
resolution or properly made motion to approve an application fails for any
reason, the failure shall constitute a denial of the application provided that
those voting against the motion state on the record the reasons why they
oppose the application.
1. The sixty (60) day time limit starts over only if the City sends
notice, within ten (15) business days of receipt of the application,
telling the applicant what information is missing. The City may
extend the sixty (60) day time limit before the end of such time
limit by providing written notice of the extension to the applicant.
The notification shall state the reasons for the extension and its
anticipated length, which may not exceed sixty (60) days, unless
approved by the applicant. An applicant may by written notice to
the City request an extension of the time limit.
2. Other conditions of MN Stat 15.99, as amended, also apply.
The City Council shall approve or deny the application for a variance
within sixty (60) days of receiving all required information. The sixty (60)
day time limit starts over only if the City sends notice, within ten (10)
business days of receipt of the request, telling the applicant what
information is missing. The City may extend the sixty (60) day time limit
before the end of such time limit by providing written notice of the
extension to the applicant. The notification must state the reasons for the
unless approved by the applicant. Failure of the City Council to deny an
application within sixty (60) days is approval of the request. If the City
Council denies a request, it must state in writing the reasons for the denial
at the time it denies the request.
d. The petitioner or representative may appear before the Planning and
Zoning Board in order to present information or to answer questions. The
Board shall make a recommendation to the City Council including
findings on compliance with required criteria and conditions to be
imposed.
e. The City Council may grant the variance if it has been established that the
application complies with the required criteria. a hardship exists. The
City Council shall, on all variance applications whether granted or denied,
record -a findings of fact. Such findings shall be recorded in writing and.
shall state the City Council's reasons for such action.
f. Following approval of the variance, the City shall file a certified copy
thereof including a legal description of the property with the County
Recorder or Registrar of Titles.
3. The City may impose conditions in the granting of variances. Conditions must be
directly related to and must bear a rough proportionality to the impact created by
the variance.
4. Submittal Requirements. Applications for variances shall be filed with the
Community Development Department and shall be accompanied by the following
submittal information:
a. Proof of title and contract/purchase agreement and/or property owner
signature on the application form when applicable.
b. Eight (8) large scale copies and reduced (11" x 17") copies of detailed
written materials, plans and specifications to include the following
information:
Note: One/two additional large scale copies shall be provided for each of the following,
if applicable:
• Project adjacent to a County Road or County State Aid Highway — (2 sets)
• Project adjacent to a State Highway or Interstate Highway — (2 sets)
• Project lies within a Shoreland District — (1 set)
c. Certificate of survey prepared by a licensed land surveyor identifying the
following: The Community Development Department may waive the
certificate of survey when the survey will not provide information relevant
to the variance necessary to review the application.
1) Scale (engineering only) at not less than one (1) inch equals one
hundred (100) feet.
2) North point indication.
3) Existing boundaries with lot dimension and lot area.
4) Existing buildings, structures and improvements.
5) Easements of record.
6) Delineated wetland boundary, to include the OHWL of any lakes
or DNR waters.
7) All encroachments.
8) Legal description.
d. Graphic information, plans, specifications, or other materials that illustrate
the requested variance.
e. Narrative description of how the application complies with the variance
criteria listed above. the unique hardship associated with the property that
warrants the consideration of the variance, to include:
1) That the property in question cannot be put to reasonable use if used under
the conditions allowed by the official controls.
2) That the plight of the landowner is due to physical circumstances unique to
the property not created by the landowner.
3) That the hardship is not due to economic considerations alone if a
reasonable use for the property exists under the terms of the ordinances
4� That granting the variance requested will not confer on the applicant any
structures, or buildings in the same district.
5) That the proposed actions will be in keeping with the spirit and intent of
the ordinance.
B. Appeal Procedure. An appeal shall only be applicable to an administrative permit, order,
requirement or interpretation of intent of provisions of this Ordinance. Opinions and
evaluations as they pertain to the impact or result of a request are not subject to the appeal
procedure. The City Council shall be the Board of Appeals and Adjustments with powers
listed in Minnesota Statutes 462.3 57, subdivision 6.
1. Appeal Procedures.
a. An appeal from an administrative action shall be filed by the property
owner or their agent with the Zoning Administrator within ten (10) days
after the making of the order, requirement, or interpretation being
appealed.
b. The property owner or their agent shall file with the Zoning Administrator
an application for appeal stating the specific grounds upon which the
appeal is made. Said application shall be accompanied by a fee as
established by City Council ordinance. In cases where the application is
judged to be incomplete, the Zoning Administrator shall notify the
applicant, in writing, within ten (10) days of the date of submission.
c. An appeal stays all proceedings and the furtherance of the action being
appealed unless it is certified to the Board of Adjustment Appeals, after
the notice of appeal is filed, that by reason of facts stated in the certificate
a stay would cause imminent peril to life and property.
d. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports when appropriate and shall provide general
assistance in preparing a recommendation on the action to the Board of
Adjustments and Appeals.
e. The Board of Appeals and Adjustment shall consider the application for
appeal at a public meeting and consider testimony of the property owner
and City staff.
f. Pursuant to Minnesota Statutes 15.99, the Board of Adjustment and
Appeals shall make its decision in accordance with the timeline described
for variances in Subd. 4.A.2.c. of this Chapter.
(60) days from the date on which a completed application is filed, un -less
the review is extended as allowed by MN Stat. 15.99.
g.
The Zoning Administrator shall serve a copy of the final order of the
Board upon the applicant by mail.
AGENDA ITEM 6 A i and ii
STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: July 25, 2011
TOPIC: i. SECOND READING: Ordinance No. 15-11
Amending Section 2, Subd. 4 of the Zoning Ordinance
Regarding Variances
ii. Resolution No. 11-75,
Summary of Ordinance No. 15-11 for Publication
ACTION: 3/5 vote for Ordinance No. 15-11
4/5 vote for Resolution No. 11-xx
BACKGROUND
The City Council approved the first reading of Ordinance No. 15-11 on July 11.
Cities in Minnesota have the authority to adopt and amend a zoning ordinance, a power granted
by state statute. The statute also includes criteria for granting variances. The 2011 Minnesota
Legislature amended the statute, significantly changing the variance criteria. The amendment to
the statute also requires that conditions attached to the variance must be directly related to
and must bear a rough proportionality to the impact created by the variance.
The Lino Lakes zoning ordinance contains variance criteria in Section 2, Subdivision 4. The
amendments make our zoning consistent with the new statutory changes. In addition, the passage
regarding the state deadline law has been revised for clarity.
OPTIONS
1. Approve the second reading of Ordinance No. 15-11.
2. Approve Resolution No. 11-75, the summary of Ordinance No. 15-11, for publication
3. Return to staff with direction.
RECOMMENDATION
Options 1 and 2