2011.10.03 ORD 2011-458 - Laserfiche WebLink

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i PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) County of Ramsey) SUMMARY ORDINANCE 2011-458 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE ISAVAILABLE FOR PUBLIC INSPECTION ATTHE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: An ordinance amending Chapter 90, Article II, Section 90-38 Variances SUMMARY OF ORDINANCE: Sec. 90-38. - Variances. (a) Application requirements. This section outlines items that are required to make a complete application. (b) Hearing before board of appeals and adjustments. This section outlines the pro- cess for public notice of a variance application. (c) Findings required for approval. In order for the City to approve a request for a variance the City must find that the application meets the following criteria 1-7. If the City finds any of the criteria are not met the application shall be denied. (1) Law..The variance as requested is permissible by law (2) Practical Difficulties. The applicant for a variance shall establish that there are practi- cal difficulties in complying with the provisions of the zoning regulations. The term "Practi- cal Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; c. Character of Neighborhood. The variance, if granted, will not alter the essential char- acter of the neighborhood. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City's Comprehensive Plan.. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited, in the district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. (f) Earth -sheltered construction. Variances shall be granted to earth -sheltered con- struction as defined in Minn. Stats. § 216C.06, subd.14, when in harmony with this chap- ter. (g) Septic system standards. Prior to issuance of any variance to a lot or parcel con- taining a septic system not in compliance with chapter 38, article II, the septic system shall be upgraded to meet established standards. (h) Conditions to ensure compliance. Conditions may be imposed on the granting of variances to ensure compliance and protect adjacent property. (i) Records to be maintained. Outlines how variance records shall be maintained. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall M be effective the date that it is published. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City of Hugo this 17th day of October, 2011 Fran Miron, Mayor her, or the publisher's designated agent, being duly sworn, on oath n the publisher, or the publisher's designated agent and an employee )aper known as THE CITIZEN, and that I have full knowledge of ch are stated below: ewspaper has complied with all of the requirements constituting as a qualified newspaper, as provided by Minnesota Statute 1 A.07, and other applicable laws, and amended. :ed: CITY OF HUGO SUMARY ORDINANCE 2011458 ched was cut from the columns of said newspaper and was printed d for one week on THURSDAY, the 27TH day of OCTOBER, ,d below is a copy of the lower case alphabet from A to Z, both Lich is hereby acknowledged as being the size and kind of type used sition and publication of the notice: ctuvvvxyz BY: TITLE: Publisher nd sworn to before me on this 27TH day of OCTOBER, 2011. =PUBLIC SS SOTA015 Notary Public, Minnesota ORMATION .lassified rate paid by .ial users for ble space. (Line, word or inch rate) n rate allowed )r the above matter. $ (Line, word or inch rate) ually charged for le matter. $ 930/INCH (Line, word or inch rate)