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HomeMy WebLinkAbout2011.10.03 ORD 2011-45840F . r• R •. ORDINANCE 2011 -458 - AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II SECTION 90-38, VARIANCES THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 90, Article II, to section 90-38 VARIANCES state the following: Sec. 90-38. - Variances. (a) Application requirements. Applications for variances to this chapter shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include: (1) The applicant's name, address, and telephone number. (2) The legal description and address of the property to which the variance shall apply. (3) Proof of ownership of the property to which the variance shall apply. Only the property owner may apply for a variance, and all owners of record must sign the application and agree to the variance. (4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site. (5) A detailed description of the variance requested, including reference to those provisions of the chapter to which the variance applies. (6) A detailed statement as to the unique conditions of the property that make the variance desired, as well as what loss of use the property owner will incur if the variance is not granted. (7) A site plan showing the relationship of the variance requested to adjacent property, site development standards, and other information having a bearing on the variance. (8) A sewer and water service plan. (9) Application fees, as established by the city council. (b) Hearing before board of appeals and adjustments. Upon receipt of a completed application for a variance, the community development director or designee shall schedule the application for a hearing before the board of appeals and adjustments. (1) The board of appeals and adjustments will evaluate the applications and will forward recommendations to the City Council. (2)If the variance relates to any floodplain or shoreland standard, notice of the variance request shall be provided to the commissioner of the department of natural resources at least Ordinance 2011-458 Variances Page 2 of 3 ten days prior:to the hearing: date (3) If the variance relates to any development fronting a county highway, the county engineer shall be given notice of the variance application ten days prior to the hearing. (4) If the variance applies to the setback requirements from a substantial pipeline as required in section 90-180, notice of the variance request shall be made to the commissioner of the state department of public safety at least 30 days prior to final council action on the request. (5) Notice of the variance request shall be provided to the property owner of record for properties located within 300 feet of the lot or parcel to which the variance will apply at least ten days prior to the board of appeals and adjustment's meeting where the request will be considered. (6) Where the variance applies to any property within the floodplain district, the applicant shall be provided a notice stating that: a. The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for each $100.00 of insurance coverage. b. Construction below the 100 -year or regional flood level increases risk to life and property. (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 practical difficulties in complying with the provisions of the zoning regulations. The term "Practical 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 character 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. 2 Ordinance 201 1-458 Variances Page of 3 (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 construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter. (g) Septic system standards. Prior to issuance of any variance to a lot or parcel containing a septic system not in compliance with chapter 38, article II, the septic system shall be upgraded to meet established standards. This requirement shall not apply to a sewage treatment system if its only deficiency is improper setback from the ordinary high-water level. (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. The community development director or designee shall maintain a record of variance actions, whether a variance is granted or denied, and including justification for any variances issued. The community development director or designee shall, within ten days of city council approval of any variance, provide one copy of the completed permit to the applicant, the city clerk and, for permits issued in the floodplain district or shoreland district, to the commissioner of the department of natural resources. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ONyC�V b4,11 _3 92011 ATTEST: Michele Lindau, City Clerk i 4"r'aW iron, Mayor 3 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 IS AVAILABLE FOR PUBLIC INSPECTION AT THE 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 process 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 practical difficulties in complying with the provisions of the zoning regulations. The term "Practical 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 character 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. 1 (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 construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter. (g) Septic system standards. Prior to issuance of any variance to a lot or parcel containing 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 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 1 Fran iron, Mayor Attest: Akichele "Lindau, City Clerk 2 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)