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Planning Commission Regular Meeting Minutes June 21, 2011 Page 3 1 Chair Jensen opened the public hearing at 7:13 p.m. No speakers were present. Chair Jensen 2 closed the public hearing at 7:13 p.m. 3 4 Commissioner Heinis requested confirmation that as long as a building permit to rebuild is 5 applied for within 180 days,the City cannot stop a property owner from putting the same 6 structure on their property. 7 8 Assistant City Manager Moore-Sykes replied that this is correct. 9 10 Chair Jensen asked if the"greater than 50%of the estimated market value" standard will use the 11 County Assessor's estimated market value of the property as a whole or the estimated market 12 value of the structure only. 13 14 Assistant City Manager Moore-Sykes indicated that the amendment provides "greater than 50% 15 of the estimated market value,as indicated by the records of the county assessor,"which would 16 include the structure and the land. 17 18 Motion by Commissioner Chaput, seconded by Commissioner Crone, to approve Ordinance 19 2011-05, An Ordinance Amending Section 152.226 of the St. Anthony City Code. 20 21 Motion carried unanimously. 22 23 VII.3. ZONING ORDINANCE SECTION 152.245,VARIANCES 24 25 Assistant City Manager Moore-Sykes explained that on May 5, 2011, Gov. Dayton signed into 26 law Chapter 19 which amended Minnesota Statutes Section 462.357, subd. 6,to restore 27 municipal variance authority as a result of the Minnesota Supreme Court's ruling in 28 Krummenacher v. City of Minnetonka. She stated that this amendment, effective May 6,2011, 29 changes the standard for granting variances from"undue hardship"to requiring an applicant to 30 establish"practical difficulties." She noted that the new law still retains the three-factor test of 31 reasonableness,uniqueness, and essential character, and the new law requires that variances shall 32 only be permitted when they are in harmony with the general purposes and intent of the 33 ordinance and when the terms of the variance are consistent with the comprehensive plan. 34 35 Chair Jensen opened the public hearing at 7:21 p.m. No speakers were present. Chair Jensen 36 closed the public hearing at 7:21 p.m. 37 38 Commissioner Niccum stated that the Planning Commission discussed this issue at its May 39 meeting and agreed with the proposed amendment. He added that the language will be 40 consistently used by all cities. 41 42 Commissioner Heinis stated that the requirement of the applicant to establish that there are 43 "practical difficulties"will make it easier for the City to make a decision on a variance request 44 versus the "undue hardship"test. 45