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Home My WebLink AboutOrdinance 861 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 hardship practical difficulties because of physical unique circumstances unique 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 stricken 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 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 may shall be issued granted 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. - - - - - - - - - - - - - - - --- - - - - - or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control The variance is in harmony with the general purposes and intent of this Title. this Title The variance is consistent with the comprehensive plan. c. That the special conditions or circumstances do not result from the actions of the applicant The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. the same district. 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 variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship The variance does not alter the essential character of the neighborhood. f. -- _ '_ • - - - - - - - _ •- . - - •••_• - - •- - - -- - - • - - - - •- - •:" • •• -- - •- -. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. - - - . - e -e .. . adjacent property or substantially incr ase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or •- _-' _ _- - . - - • - - -- -- _ __ 'es:. 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. 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 iJ 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 or 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 stricken 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 - - •- - :see - _ • • _ _ •- _ • - - _ •_• unique circumstances relating to a specific lot, the strict compliance with these regulations could cause an exceptional and unduc imposes unusual hardship on the enjoyment of a substantial property right; -- - -- - -• - •- - - -- - - - •- e - . to the subdivider in the use of his or her land. Unusual hardshi. includes, but is not limited to, inade.uate access to direct sunli•ht 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. Uni.ue circumstances a..l to the .ro.ert which do not a• .I_•enerall to other •ro•erties in the same zone or vicinit and result from lot size or sha.e to•oaraohv or other circumstances over which the owner of the pro•ert since the enactment of these re•ulations has had no control. That the uni.ue 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 by the variance as ma be necessa to com.1 with the standards established b 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 �Jo6-Flaherty,lVlayor ATTEST: Jaime), &12- ev`- James Ericson, City Administrator (seal) • 0 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 1 G✓wm� James Ericson City Administrator 0 City of Mounds View wv�uw.MifnnLOCal,com Y (Official Publication) Ilt ORDINANCE SUMMARY ORDINANCE NO.861 • CITY MODS VIEW COUNTY OF F RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1100,CHAPTERS 1102 AND 1125 AFFIDAVIT OF PUBLICATION OF THE MOUNDS VIEW ZONING CODE AND AMENDING TITLE STATE OF MINNESOTA 1000,CHAPTER 1008 AND TITLE 1200,CHAPTER 1205 OF THE )SS. MOUNDS VIEW CITY CODE COUNTY OF HENNEPIN ) REGARDING VARIANCES On September 12, 2011, the City Richard Hendrickson, being duly sworn on an Council adopted Ordinance 861 that oath, states or affirms that he is the Chief amends Chapters 1102 and 1125 of the Mounds View Municipal Zoning Financial Officer of the newspaper known as Code and amends Title 1000, Fridley/Columbia Fits Chapter 1008 and Title 1200,Chapter -------- -- -- 1205 of the Mounds View City Code about Variances. The adopted Sun-Focus and has full knowledge of the amendments will make the City's facts stated below: Zoning and City Code consistent with A The newspaper has com e with all o1 ndments to the ( )Thcomplied of P Minnesota the 201 State Code. A printed the requirements constituting qualification copy of the ordinance is available for as a qualified newspaper as provided by inspection during regular business Minn. Stat. §331A.02, §331A.07, and hours at Mounds View City Hail and is available on line at the City's web site other applicable laws as amended. located at www.ci.mounds- (B)The printed public notice that is attached view.mn.us. was published in the newspaper once The ordinance is on file and available each week, for one successive for public viewing at the office of the Clerk Administrator. The ordinance is week(s); it was first published on posted in its entirety on the City's Thursday, the 22 day of September website, located at www.ci.mounds- 2011, and was thereafter printed and view.mn.us published on every Thursday to and James Ericson including Thursday, the day of Clerk-Administrator , 2011; and printed (Sept.22,2011)F3-Ord861 below is a copy of the lower case alpha- bet 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: abcdefghijklmnopgrstuvwxyz .<--------..., / C O Subscribed and sworn to or affirmed before me on this 22 day of September , 2011. -a ` .1 ,i , ir Notary Public ' '1 JULIA I HELKENN NOTARY PUBLIC-MINNESOTA ✓!( Fly Comm.Expires Jan.31.2015 1 el