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HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-095City of Lake Elmo Washington County, Minnesota Ordinance 97-15 An Ordinance Related to Amendments to the Lake Elmo Municipal Code Section 300.06 Subdivision 3. Variances The Lake Elmo City Council ordains that Section 300.06, Subdivision 3 of the Lake Elmo Municipal Code is hereby amended to read as follows, to wit: Section 300.06 Subdivision 3. Variances A. Hardship: A request for variance from the literal provisions of this section may be granted in instances where their strict enforcement would cause undue hardship. An "Undue Hardship" means that the property cannot be put to reasonable use if used under the conditions allowed by the zoning code; that the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and that the variance, if granted, will no change the essential character of the neighborhood. Economic considerations alone shall not constitute a hardship. The City Council may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. B. Temporary Use Variance. A variance may be permitted for the temporary use of a one family dwelling as a two family dwelling provided that: 1. The dwelling has existed for at least ten years, and the multiple use existed before the adoption of this Code. 2. The Septic System meets or exceeds current septic system regulations. C. Application. An application for a variance shall be filed with the Zoning Administrator. The application shall be accompanied by a fee in the amount set forth from time to time by resolution of the Council, and development plans showing such information as the Zoning Administrator may reasonably require for purposes of this section. 1. The application shall contain sufficient information to determine whether the proposed variance will meet all applicable development standards if the variance is granted. In all cases, the completed application shall include: a. Name and address of the applicant. b. The legal description of the property involved in the request for variance, including the street address, if any, of the property. c. The name and address of the owners of the property and any other person that has a legal interest in the property. d. A site plan drawn to scale showing the property dimensions. e. Location of all existing and proposed buildings and their size including square footage. f. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks. g. The variance requested and the reasons for the request. h. A list of the abutting property owners. D. Planning Commission Review 1. The Zoning Administrator shall, upon the filing of a completed application for a variance, refer the matter to the Planning Commission. 2. The Zoning Administrator shall notify the applicant and the abutting property owner(s) of the time and place of the hearing. The notice shall be served on the person by mail, provided the notice shall be mailed at least ten (10) days preceding the date of the hearing. 3. The Planning Commission shall make written findings for all variance applications and shall state in the findings the reasons for its recommendation to the City Council. 4. The Planning Commission may recommend to the City Council conditions if granting of a variance which may reasonably determine to be necessary to protect adjacent properties, preserve the public health, safety, and welfare, and comply with the intent and purposes of this section. The Planning Commission may also recommend conditions and requirements deemed necessary to insure compliance with the terms of the variance. E. City Council Action. The City Council shall receive the recommendation of the Planning Commission and shall take final action on the variance request within sixty (60) days of the City" receipt of a completed application unless the review period is otherwise extended pursuant to the applicable state regulations. Section 2. Effective Date: This ordinance shall become effective upon it passage and publication according to law. Lee Hunt, Mayor Attest N �r Mary KNeffneiqity A trator Adopted by the Lake Elmo City Council the Th day of November, 2001 th Published in e Stillth Stillwater Gazette e - I 'I \ day of 1 Q . 12001.