HomeMy WebLinkAboutOrdinance 821 ORDINANCE 861
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1100, CHAPTERS 1102 AND 1125 OF
THE MOUNDS VIEW ZONING CODE AND AMENDING TITLE 1000, CHAPTER 1008
AND TITLE 1200, CHAPTER 1205 OF THE MOUNDS VIEW CITY CODE
REGARDING VARIANCES
The City of Mounds View ordains:
SECTION 1. The Mounds View City Council hereby amends Title 1100, Chapter 1102,
Section 1102.02, subdivision 124 of the Mounds View Zoning Code about Variances
by deleting the stricken language and adding the underlined text as follows:
Title 1100, Chapter 1102, Section 1102.02, subdivision 124 of the Mounds View
Zoning Code:
Subd. 124. VARIANCE. The waiving by Board action of the literal provisions of the
Zoning Code in instances where their strict enforcement would cause undue haFds4*
practical difficulties because of physical unique circumstances unique e related to the
individual property under consideration.
SECTION 2. The Mounds View City Council hereby amends Title 1100, Chapter 1125,
Section 1125.02, subdivisions 2 and 6 of the Mounds View Zoning Code about Variances
by deleting the sere language and adding the underlined text as follows:
Title 1100, Chapter 1125, Section 1125.02, subdivisions 2 and 6 of the Mounds View
Zoning Code:
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 o practical difficulties to the property owner in the use of the property
owner's land. Practical difficulties include, but are not limited to inadequate access to
direct sunlight for solar energy systems. No use variances niay shall be issued r
that would allow any use that is not allowed in the zoning district in which the subject
property is located. A variance may be granted only in the event that all of the following
circumstances exist:
Ordinance 861
Page 2
a. topography or other GiFGUrn6tances over whieh the owneFs of the pFopeFty
apply generally to other properties in the sarne zone OF ViGinity and result frorn lot size
tinoe +he,effe Gtoye date hereof have had no Gon+rol The variance is in harmony with
.arrrc�m�.. cn cccivcv ctccTrcrco-rrra-v�c-rrcra-rro cvrnTVr
the general purposes and intent of this Title.
b.
rightS GOmmenly enjoyed by other prepeFties in the same diStFiGt under the terms of
this Tffi The variance is consistent with the comprehensive plan.
c. That the speGial Genditions OF GiFGUm6tances de not result frem the actiens of the
apptioar}t The applicant proposes to use the property in a reasonable manner not
permitted by this Title or the City Code.
d. That granting the varianGe requested will not GE)nfeF en the appliGant any speGi_
privilege that is denied by this Title to owners of othe. lands, struntureS eF buildings-in
the same die+rin+ Unique circumstances apply to the property which do not apply to
other properties in the same zone or vicinity and result from lot size or shape.
topography or other circumstances over which the owner of the property since the
enactment of this Title has had no control The unique circumstances do not result
from the actions of the applicant.
e. That the v ' Nested is the minimum vaFiance which weuld alleviate
haFd6hip. EnonnOMOG Genditions alone E;helo he nencidered a hard The
variance does not alter the essential character of the neiahborhood.
f. The vaFianGe weuld not be materially detriMeRtal to the purpese of this Title or4o
+y
ether property in the came zene. The variance requested is the minimum variance
which h'wof'ulldallleviate the practical difficulties_ . Economic conditions alone do not
constitute practical difficulties.
g. The pFepesed variance will not an adequate supply of light and air to
RGFease the danger ef fiFe er endanger the publiG safety oF substaRtially ..M.M.s lh A r
imn +ir nreneFty values within the neighborhood The Board of Adjustment and
Appeals may impose such,st,TGt;e s 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. The condition must be
directly related to and must bear a rough proportionality to the impact created by the
variance.
Ordinance 861
Page 3
Subd. 6. Administrative Variance Process:
a. Types: Property owners seeking relief from the Zoning Code may request an
administrative variance, provided that the property is zoned R-1 or R-2 and either of
the following is applicable:
(1) The request concerns setbacks; the variance amount is within twenty-five
percent(25%) of code requirements; and approval of the variance does not result in
a setback of less than five feet (5'); and
(2) tThe request is related to a pre-existing, non-conforming driveway or curb
cut.
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 1125.02, Subdivision 2. If hardship is
evident all of the criteria are met and approval is granted,the adjacent property owners
must be notified by mail of the preliminary approval and allowed ten (10) days to
respond to the decision. Absent any opposition from adjacent property owners, the
Planning Commission shall review the administrative variance request 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 formal variance from the Planning Commission.
d. Fees: Administrative variance fees are set according to the fee schedule adopted
by City Council resolution.
SECTION 3. The Mounds View City Council hereby amends Title 1000, Chapter 1008,
Section 1008.16, subdivision 1 of the Mounds View Zoning Code about Variances by
deleting the stricken language and adding the underlined text as follows:
Title 1000, Chapter 1008, Section 1008.16, subdivision 1 of the Mounds View City
Code:
Subd. 1. A variance to the provisions of Chapter 1008 may be considered by the Board of
Adjustment and Appeals to provide relief to the landowner in those cases where the Code
imposes undue hardship er practical difficulties to the property owner. Applications shall
be submitted and reviewed in the same manner as indicated in Chapter 1125 of the
Mounds View Zoning Code.
Ordinance 861
Page 4
SECTION 4. The Mounds View City Council hereby amends Title 1200, Chapter 1205,
Section 1205.02 of the Mounds View Zoning Code about Variances by deleting the semen
language and adding the underlined text as follows:
Title 1200, Chapter 1205, Section 1205.02 of the Mounds City Code:
1205.02: VARIANCES: The Council may grant a variance of these subdivision
regulations in any particular case where the subdivider can show that, by reason of
exGeptienal topography or other physical Genditions unique circumstances relating to a
specific lot, the strict compliance with these regulations Gould Ga se an exGeptional and
twee imposes unusual hardship en the enjoyment of a substantial PFGpeFty right;
to the subdivider in the use of his or her
land. Unusual hardship includes but is not limited to inadequate access to direct sunlight
for solar energy systems. A variance may be granted only if the Council finds that all of the
following circumstances exist:
Subd. 1. The variance is in harmony with the general purposes and intent of these
regulations.
Subd. 2. The variance is consistent with the Comprehensive Plan
Subd. 3. The subdivider proposes to use the property in a reasonable manner not
permitted by these regulations or the City Zoning Ordinance
Subd. 4. Unique circumstances apply to the property 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 owner of the property since the
enactment of these regulations has had no control. That the unique circumstances do
not result from the actions of the applicant
Subd. 5. The variance does not alter the essential character of the neighborhood
Subd. 6. That the variance requested is the minimum variance which would alleviate
the unusual hardship. Economic conditions alone do not constitute unusual hardship
Subd. 7. The Council may impose such conditions upon the premises benefited bythe
variance, as may be necessary to comply with the standards established by this
section 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. The condition
must be directly related to and must bear a rough proportionality to the impact created
by the variance.
Ordinance 861
Page 5
SECTION 5. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On September 12, 2011, the City Council adopted Ordinance 861 that amends Chapters
1102 and 1125 of the Mounds View Municipal Zoning Code and amends Title 1000,
Chapter 1008 and Title 1200, Chapter 1205 of the Mounds View City Code about
Variances. The adopted amendments will make the City's Zoning and City Code
consistent with the 2011 amendments to the Minnesota State Code. A printed copy of
the ordinance is available for inspection during regular business hours at Mounds View
City Hall and is available on line at the City's web site located at www.ci.mounds-
view.mn.us.
SECTION 6. This ordinance takes effect 30 days after its publication in the official City
newspaper.
PUBLIC HEARING, INTRODUCTION AND FIRST READING by the Mounds View City
Council this 22nd day of August, 2011.
SECOND READING AND ADOPTION by the Mounds View City Council this 12th day of
September, 2011.
PUBLICATION DATE: September 22, 2011
Job Flaherty;Mayor
ATTEST:
,j
James Ericson, City Administrator
(seal)
ORDINANCE SUMMARY
ORDINANCE NO. 861
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1100, CHAPTERS 1102 AND 1125 OF
THE MOUNDS VIEW ZONING CODE AND AMENDING TITLE 1000, CHAPTER 1008
AND TITLE 1200, CHAPTER 1205 OF THE MOUNDS VIEW CITY CODE
REGARDING VARIANCES
On September 12, 2011, the City Council adopted Ordinance 861 that amends Chapters
1102 and 1125 of the Mounds View Municipal Zoning Code and amends Title 1000,
Chapter 1008 and Title 1200, Chapter 1205 of the Mounds View City Code about
Variances. The adopted amendments will make the City's Zoning and City Code
consistent with the 2011 amendments to the Minnesota State Code. A printed copy of
the ordinance is available for inspection during regular business hours at Mounds View
City Hall and is available on line at the City's web site located at www.ci.mounds-
view.mn.us.
The ordinance is on file and available for public viewing at the office of the Clerk
Administrator. The ordinance is posted in its entirety on the City's website, located at
www.ci.mounds-view.mn.us
�G✓�-t�
James Ericson
City Administrator