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HomeMy WebLinkAboutOrdinance 725ORDINANCE NO. 725 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 1125.02 OF THE MOUNDS VIEW MUNICIPAL CODE PERTAINING TO ADMINISTRATIVE VARIANCES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1125.02, Subdivision 2 of the Mounds View Zoning Code is hereby amended by inserting the following underlined text, to read as follows: 1125.02: VARIANCES AND APPEALS: Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the Director of Community Development as explained in Section 1125.02. Subdivision 6. to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of property owner's land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: • a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c. That the special conditions or circumstances do not result from the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair properly values within the • neighborhood. The Board of Adjustment and Appeals may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title 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. Ordinance 725 Page 2 SECTION 2: Section 1125.02 of the Mounds View Zoning Code is hereby amended by inserting the following underlined text, to read as follows: Subd. 6. Administrative Variance Process: a. Tomes: Residents seeking relief from the Zonins Code may reauest an administrative variance, provided that: (1) The property is zoned R-1 or R-2; and (2) The request concerns setbacks; and (3) The variance amount is within twenty-five (25~,percent of code requirements; and (4) Approval of the variance does not result in a setback of less than five (5 feet b. Review Procedures: The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the hardship criteria as stated in Section 1125.2 Subdivision 2. If hardship is evident and approval is granted, the adjacent property owners must be notified by mail of the preliminaryapproval and allowed ten days to respond to the decision. Absent any opposition from adjacent property owners, the Planninc Commission shall review the administrative variance reauest at the following regularly scheduled meeting: c. Denial and Appeals: If the Director chooses to deny a request, or if either the adjacent • neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a form_al_ variance from the Planning Commission. d. Fees: Administrative variances fees are set according to the fee schedule adopted b~v Council resolution. SECTION 3. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. First read by the City Council of the City of Mounds View on this 26th day of January, 2004. Read and passed by the City Council of the Cit oun /iew thi day of February, 2004. e hike, or ATTEST: - Kurt Ulrich, Clerk /Administrator (SEAL) • APP E ORM: Attor State o$Mirnrnesota SS Cournty ®~ Rarrnsey~ Keri Solseth ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NF.W RRTCTHTON RTTT.T.ETTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on ~D• ,the 18H day of FEB. 20 04 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 'ABCD EFGH IJ KLMNOPQRSTUV W XYZ `ABCDEFGHIJKLMNOPORSTUVWXYZ 'abcdefghij klmnopgrstuvwxyz BY: TITLE ACC UNTING ASSOCIATE Subscribed and sworn to before me on this 18TH day of FEB. 20 04 Notary Public "Alphabet should be in the same size and kind of type as the notice. 0 ~1 ~, ~ RATE INFORMATION l~I~e.Den Sf, 2005 t~+~, o (1) Lowest classified rate paid by commercial users for comparable space ...................................... (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter ......$24.00 per col. inch ......$20.49 per col. inch .......$ per col. inch • 1 /04 substantially dfminlsh dr lmpairproperty" values within -the neighborhood. The 6oari! of Adjustment arks Appeals may . impose guch restrictions and conditions upon.-;the: premises benefited by a variance as maybe necessary to compy with the standards gsfablished by tttis Title qr (o, reduce or mirrUmize the effect of sUt.Mt veri~Ce ptffdn other,properties-in;, the neighbori~ood and to better carry out. the intent of Me v;kdanoe. , SECTION' 2: t'veciion 1125.02 of the Mounds Vretiv_~ZOnfng Code is hereby .amended- by inserting the. following 3erd, to testd as,follows: Sub{. 6: Administrative Varian • Process: a Types: R id nta soaking relief from the ZoningS•ode may req t an .administrative variance'provided tha'• f1) The yi zgn R-1 or R-2• >~ (1 The r Quest cons_ks: e0d ~ ~ ~1 27 S ' -~L~1R~IJNIIEI/3 VIEW • COUN'T`Y t~F RAMSEY STATE OF MIIINNE9QTA J1N ORDINANCE AMENDIMG- -,l4AlaMlrylat!'WI7Vt-VARlRNGES.: THE. >CITY '•OF MOL)N~S VICrW OFtDIIINS: SECTi©N 1:, Section 1125.02, Subdivision 2 ofthe Mounds View Zoning Code)s'hereby: amended by inserting the toflowk~ ypg~pg~ text; to read as 1oNow$: . 1125.02: VARIANCES AND APPEALS: Subd. 2. Criteria for Grantirtg Variances: A variance o the provisions of the 2onirtg reauesr at me tottowtng raerdarrv Code may be issued by the Board of scheduled meeting. Adjustment and Appeals, or in th__ saw of ~,• Denial ap,0_ ea ~• If the Director an atlministrative varian e. py the gft4~es to deny a reagpc_t. or if either the Director of Gommunify Deveinnment as sidiacent r>~ighbors or , Plarininh pxnlained in Section. 11 :0 Cgmmission disegreee witll ` Subdivision 6. "to provide relief to the administrative angroval of a variance aandowner in those Cases where the request. the requpsr i~ dent,-.Pd Code` imposes undue hardship ,or administratively and the applicant rttRv practical difficulties to the property owner choose to regtr t a form vajianee from ' m-the use of property owner's land. No the Planrring Commission.' use variances may be issued. A variance d. Fees: Administrativ$ j(~(j~p~os "fads . may be granted onry in the event that the are set according to )}~ fee, sr~.,¢,~ foNowirig circumstances exist: aciooied bg~y Counai ~~ a. Exceptional or extraordinary sir- SECTION 3. This Ordir~n~ becomes cumstangeS apply to the propia-lfes which effective ,thirty (30j days after `its d0 not apply generally to other properties publication fn the official City newspaper. in fhe same zone or vicinity and result First read by the Ciry CouncN"of the City; from lot size or shape, topography or - of Mounds View on this 26th day- of- other circumstances over which the January, 2004. owners olthe property since the effective Read.and passed by the City Council of date hereol fiave had no corerol: the City of Mounds View. this 9th day of b. Thee IFteral interpretation of the February, 2004. provisione,of this Title would deprive the Jerry links, applicant of rights commonly enjoyed by Mayor other properties" in the same .district - ATTEST: underthe terms of this Title. Kurt Ulrich, c. 'That the 'special conditions or Clerk /Administrator circumstahces do .not result from .the (Bulletin: Feb.,t$, 2004) actions of the applicant. d. That granting the variance requested will rtbt, cotlfer, orr the eppilc8nt any. special privilege that is denied by this Title to owners ofi other lands, structures or buildings in the same district. e. That the. variance requested is' the minimum variance which would alleviate the. hardship.. Economic rxinditions alone shall not be Considered a hardship. f: The vatriance would not be matArially detrimental to the purpt~e of Phis Title w other pnfperry.,in the Sartre zpne. g. The. proposed;varianoa wUl rat impair an adequate. supply of light and air to adjagent ..property or. substantially . increase `the arngestion of the public Streets or ingrease the. tlanger of fire or endanger the pubijc safety or • • ~ A~fn~a~vi~ ~f ]L~~n~llIl~a~tn~~a • State of Mirarnes®ta ~ SS Counnty off Ramsey Keri Solseth ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRTC'THTON BTJT,T,F,TIN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE which is attached was cut from the columns of said newspaper, and was printed and published once each H week, for 1 successive weeks; it was first published on WED. ,the 18 day of FEB. 20 04 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPORSTUVWXYZ *ABCDEFGH IJKLMNOPQRSTUV W XYZ *abcdefghij klmnopgrstuvwxyz Subscribed and sworn to before me on this 18TH day of FEB. 20 04 Notary Public *Alphabet should be in the same size and kind of type as the notice. 0 ~SOTA RATE INFORMATION s~, acros a eatnµx~r2~saftR~r~+~~rn (1) Lowest classified rate paid by commercial users for comparable space ............................................. t BY: TITLE ACCOUNTING ASSOCIATE (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter. .$24.00 per col. inch ....$20.49 per col. inch ......$ per col. inch . 1 /04 substantially diminish of impair property values within. the neighborhood: The .Board Af Adjustment. and Appeals may impose t3nch restrictions and conditions upon the .premises benefited by a variat~e as rr~y be necessary to cromply with the standards established by this Title or to reduce or minimize the effect of i3irch vananCr~j upon othe[ properties in t-le nslphbprhpod and to better carry out ' the kltertf'of the vanance. SECTION ; 2i Section 1125.02 of the Mounds View ~ Zoning Code is hereby amended by- inserting -the following ypg text, to read as follows: $u_bd 6 Administrative Variance FaaTe~es• Residents seeking relief from the Zoning Code may request an administrative variance. provided that: j;~ The pro - ie manned R-1 or R-2: ~(~ The request concerns setbacks: and ORDINANCE ~10: 725 ctRY OF frlouNDS;v1Ew tlKJNTY OF RAMS6Y $TATE.OF, MINNESOTA AN ORDINANCE AMENDINt3 SECTK)N 1125.02 OF TME-MOUNOS VIEW tYIUNICIPAI CODE PERTAINING , TO ADMINISTRATIVE VARIANCES THE .CITY .. OF AAOUNDS, VIEW ORDAINS: SECTION 1: Section 1125.02,. Subdivision 2 of the Mounds View Zoning Code is hereby amended by inserting the fdilowir~ ypderlitlad text,. to lead as foNowg: 1125.02: VARIANCES AND APPEALS: Subd. 2. Criteria for Granting Vadances: A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals, or in the came of ~_administrative variance. by the ~pLQf, CommuniN~~PbomeM as ~plained in Section 1125.02. ~itutivision 6: to provide relief to the landpwner' in those cases rjhere the Code imposes undue hardship or practical difficulties to fhe property owner in the use of property owner's land. No -use variances may be issued. Avariance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary cir- cumstanCes appy to the properties which do not apply generaNy to outer properties in the same zone or vicinity and result. from. lot size or shape, topography or other .circumstances over which the owners'of the propeny'sinoe;the effective date hereot.have had no oontrot. b. The 1lteral interpretaClon ,of the pravisktrls of this Title would. deprive the applicant of rights commonly enjoyed by dthet properties :in the same district ' under the terms ofthis Title.' c. That, the special conditions or circumstances do not result from the actions of the applicant. d. That granting the'variance requested will not :confer On the appt~ant any special privilege that is. denied by this 'Jrtle to owners. of otter lands, structures or buildings in the same district. e. That the variance requested is the minimum variance which would alleviate the fardship Economic Conditions alone shall not be considered a hardship. f. The variarce would not be matenatly detntnental to the. purpose of Title or over pCapaAy:in the same zone: g.'fheFbroppsed variance wiN not impair an adequate supply of light and air to' 'adjacent property ~ or substantially increase me ingestion of the public streets ar-increase the danger of fire a~ endanger ,the public safety or Est gg grate rrwst m -a ire S eet the lion 1'12 hardsh .x+ ? io cnte ubdivts na ion If har dshio is evident and roya l is .granted 'the ad jacent p ropert y own i i ers meat be approva notified l and by mail o allowgd f (pe o ten m n rel days arv to ^^^d to the decisio n Ab sent env di t e rty Apposit ovy~rs. ion fro the Pla a m a nnjr~g C rera ommis prop sion_S h311 ' w the a dministr ative varia nce fgy~est at the following regularly ;~~ 'tea. r ni hand Appeals If the Director ;ho ec n d ny a req~~St or if either the adi~gnt neiohbors or the j?lannirta commission disagrees with -: c~rninisirative ~ooro~rl of a variance [gyueat the request is denied ~„ *M+' ~Iv and thg...,eoolicant may ti rn roni~PCt a formal variance from ~g~jannin~ Commission: Fees• Administrative variances fees g~,~et ^c:.ordipg_ to the fee schedule adopted by City Council resolution. SECTION 3. This Ordinance becomes effective thirty j30), days after its publication in the official City newspaper.. First read by the CityCouncil of the City., of Mounds View on ..this 26th day of January, 2004. Read and passed by the City Council of the City of Mounds View this 9th day of February, 2004. Jerry Links, Mayor ATTEST: Kurt Ulrich, Clerk /Administrator (Bulletin: Feb., 18, 2004)