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r J_ But One Size Doesn't Fit All . . . For a variety of reasons, the City's Zoning Code and Comprehensive Land Use Plan doesn't adequately represent or apply to all the properties in town. Historically, St. Anthony started its development in earnest after WWII, with the platting of residential lots on south end of town first. These lots are generally between 45' and 60' wide, to accommodate affordability for first time homebuyers in the mid 1940's. As the economy prospered and the popularity of the community increased, lots were platted larger. In August 1976, the presiding City Council approved the codification of the City's Code. Included as a part of the new City Code, was the Zoning and Land Use Code, which stipulated land use, lot size, setbacks, rights-of-way, etc. This new Zoning and Land Use Code made many of these previously platted lots non-conforming but "grandfathered in". Section 1660 - NONCONFORMING USES AND STRUCTURES of the Zoning Code (Chap. 16) discusses non-conforming uses and provides information on the lawful continuation of these uses and structures. Currently, the City continues to enjoy great popularity as a place to live, work and play but this popularity on occasion brings desired property usage in conflict with the City's Zoning and Land Use Code. Property owners want larger homes, garages, decks, swimming pools, etc. on these smaller lots. Or they want to expand the use or add uses to properties that are not adequately or properly zoned to accommodate how the property owner wants to use his/her land. Planning Tools to Fit Square Pegs in Round Holes: The Minnesota Statutes do give municipalities the authority and ability to make changes to land use and/or zoning to try to accommodate the wishes of the property owner. Section 1665 - ADMINISTRATION describes the process by which a property owner may apply to make the desired changes to land or use. Each of these processes requires the payment of an application fee, which is non-refundable and can be found in the Fee Schedule, Section 615.07. 1. Rezoning. While requests to rezone property are becoming rare, the rezoning process has been used extensively for the City's redevelopment efforts on the former Apache Plaza site. 2. Variance. Applications for variances to the Zoning Code are the most requested actions that the City receives. This doesn't mean though, that the request will be granted. The Planning Commission and the City Council takes these requests very seriously and on a case-by-case basis. Variances are sought when the property owner feels that he/she is prevented by the Zoning Code from using their property to its best and greatest use(s). As part of the application, the property owner is required to write why he/she is requesting the variance, to describe what the hardship is, that the request is not solely economically based, that the use/improvement with not change the character of the neighborhood and the use/improvement won't present a public safety issue for the neighborhood or community. 3. Conditional Use Permit. This is a permit that is given to a property owner who is proposes to use his/her property in a manner that is allowed ONLY under certain conditions in the district as recommended by the Planning Commission HAPlannmgNisc. InfonnationTlanning Zoning Info Sheet 2005.doc 3