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Home My WebLink AboutFINAL ORDINANCE NO. 08-047Ordinance 08-048 Council; 715111 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.08-04'7 AN ORDINANCE AMENDING THE ADMINISTRATIVE SECTION OF THE ZONING ORDL4,NCE TO REVISE THE VARIANCE REQUIREMENTS BASED ON RECENT AMENDMENTS TO MINNESOTA STATE STATUTES SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby amended to add the following definition: PRACTICAL DIFFICULTIES "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 peimitted by an official control. SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby changed to amend or eliminate the following definitions as shown: SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by amending the following language: § 154.017 VARIANCES. Y. Ordinance 08-048 Council. 7/5/11 Th. .,.7 ,.a.1,.ess the the a otho (e) gia4 has legal name of o interest in the of f9reper4. aBd person a prepei4y� !c\ their buildings s...e, ::elud..SqUaf zvvufienrcf-¢rtrcitStiaub uiia-piopo8oa Qid e F 8t. !Gadifib' ccixo-,-¢xrrcvra.'y[S, &ccc35 reads, parx8n.gSp&cv.., 6ff StIfeet 2 Ordinance 08-048 715111 _ r.!:!4!!SlSlQ.S!l�lEfil.T.SlFi7i5l�!�!!!!flrSSIRZS!E't5L7z7_ r. Y. . Earn TIM (A) In General. The Board of Adjustment (which is the City Council in accordance with Section 31.10 of the City Code) shall have the power to grant variances to the provisions of this chapter under the following procedures and standards. 1) A reauest for a variance from the literal provisions of this chapter may be granted in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. All requests for variances shall be reviewed in accordance with the required findings listed in Section 154.017, Subd. E. (B) Use Variances Prohibited. A variance shall not be granted for any use that is not a listed permitted or conditional use under this chapter for property in the zone where the property is located. (C) Application Requirements. An application for a variance shall be submitted to the Zoning Administrator and accompanied by such infonnation as follows: (1) Name and address of the applicant; (2) The legal description of the property involved in the request for variance, including the street address, if anv, of the property; Ordinance 08-048 Council: 715111 (3) The name and address of the owners of the property and an other ther person that has a legal interest in the property. The applicant shall supply proof of ownership of the property for which the valiance is requested, consisting of an abstract of title or registered property certificate, certified. by a licensed abstractor, together with any wuecorded documents whereby the petitioners acquired legal or equitable ownership; (4) A site plan drawn to scale or a certified survey if required by the City showing: i. Property dimensions; ii. Locations of all existing and proposed buildings and their size. including square footage; iii. Existing and proposed septic systems; iv. Curb cuts, driveways, access roads, parking spaces, off-street loading areas. and sidewalks; and v. Other inforniation as deemed necessary for the request. (5) The variance requested and the reasons for the request; and (6) The application fonn shall be accompanied by an accurate list showhig the names and the mailing address of the record owners of all property within a minimum of 350 feet of the property for which the variance is sought; verified as to accuracy by the Mlicant. (D) Review Requirements. The Plamring Commission shall hold a public hearing on each complete application for a variance with the following procedure: (1) The Zoning Administrator shall, upon the film of a completed application for a variance, refer the matter to the Plaming Commission. (2) The Zoning Administrator shall notify the applicant and the applicable property owner(s) of the time and place of the hearing. The notice shall be served on the person by mail, provided the notices shall be mailed at least 10 days preceding preceding the date of the hearing. (3) The Plamiing Commission shall make written findings for all variance applications and shall state in the findings the reasons for its recorrunendations to the Board of Adjustment. (4) The Planning Commission may recommend to the Board of Adjustment conditions if granting of a variance which may be reasonably determined to be necessary to protect adjacent properties, preserve the public health, safetv, and welfare, and comply with the intent and purposcs of this chapter. The Planning Commission may also recommend conditions and 0 Ordinance 08-048 Council: 715111 requirements deemed necessary to ensure compliance with the terms of the variance. (5) Board of Adiustment Action. The Board of Adiustment shall receive the reconunendation of the Planning Commission and shall take final action on the variance request. (E) Required Findings. Anv action taken by the Board of Adiustment to approve or deny a variance request shall include the following findings: (1) Practical Difficulties. A variance to the provision of this chapter maybe granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chanter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. i. Definition ofpractical difficulties. "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 an official control. (2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner (3) Character oflocality. The proposed variance will not alter the essential character of the locality in which the property in question is located. (4) Adiacent proverties and traffic. The proposed variance will not impair an adequate supply of light and air to property adiacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. (F) Conditions The Board of Adiustment may impose such restrictions, conditions and mitigating requirements upon the propertv that is the subject of the variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. (G) Effect ofdenial No application by property owner for a variance shall be submitted to the Board of Adjustment within a six (6) month period following a denial of such a request unless. in the opinion of the Board, new evidence of change in circumstances warrant it. Ordinance 08-048 Council: 7/5/11 (H) Expiration. A variance shall be deemed to authorize oniv one particular use and shall expire if work does not commence within twelve (12) months of the date of ¢ranting such variance or if that use ceases for more than six consecutive months. (1) Revocation. The Board of Adjustment may revoke a variance if anv conditions established by the Board as part of graming the variance request are violated. SECTION 4. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date This Ordinance No. 08-0417 .vas adopted on this 5a' day of July 2011, by a vote of J� Ayes and 0 Nays. Mayor Dean A. Johnston ATTEST: Bruce esse City Administrator This Ordinance No 08-04*7 was published on the day of 2011 0