12-04-2019 PC Packet - Laserfiche WebLink

Home Browse Search

MOUNDS VIEW City of Mounds View Staff Report To: From: Item Title/Subject: Item No: 05B Meeting Date: Dec 4, 2019 Type of Business: Planning Case Mounds View Planning Commission Jon Sevald, Community Development Director Resolution 1108-19, Recommending Approval of Ordinance 970, Amending Title 1100, Chapter 1102, 1103, 1104, 1105, 1112, 113, 1123, and 1125 of the Mounds View City Code Relating to Zoning Introduction Since 2018, Staff have been working with the City Attorney to update the City Code with the intent of; (1) codifying the 64 amendments adopted since 2015 into a single document; (2) updating the Code so that it is current with state regulations and case law; (3) written ordinances to be consistent with how they are practiced; and (4) to make general improvements for the betterment of the community. Currently, the City Council is considering amendments to Title 1000 (Building and Development Regulations) in regards to the Rental License Program; and Title 1100 (Zoning Code) in regards to language clarity. Any amendment to the Zoning Code' is to be preceded by a recommendation from the Planning Commission. Discussion Overall, these are minor amendments intended to be consistent with state statutes. Staff plan to work on substantial changes over the winter months. One item to note is Section 1125.02 (Variances and Appeals); it is proposed that a simple majority of the Commission (vs. 2/3's super majority) is needed to approve a Variance. Two- thirds is equal to 5 of the 7 Commissioners. In reviewing Commission minutes, since 2010, two Variances were denied2 due to obtaining a four -vote majority, whereas a five -vote supermajority was needed. Additionally, there have been two or three Variance cases approved on a 4-0 vote, where this section of the City Code may not have been known or understood. As an FYI, the City Council must have a 3/5's super majority vote to rezone land from Residential to a Commercial or Industrial district.3 1 MN Statute 462.357, Subd 4 (Amendments) 2 8405 Red Oak Dr Variance to driveway setback (4-1 to approve). 7790 Eastwood Rd Variance to front yard setback (3-1; 3-2; and 4-3 to approve). 3 City Code, Section 1125.01, subd 1(j); Four -Fifths Vote: Amendments of this Title, or to the Official Zoning Map that change all or part of an existing residential zoning district to either commercial or industrial shall require passage by a four fifths (4/5) vote of the full City Council. All other amendments to this Title, to the Official Zoning Map or for a conditional use permit shall require passage by a three fifths vote of the full City Council.