HomeMy Public PortalAbout537 Ordinance Amending Section 825 of the Code of Ordinances Regarding VariancesCITY OF MEDINA
ORDINANCE NO.537
An Ordinance Amending Section 825 of the
Code of Ordinances Regarding Variances
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 825.31 is amended by adding the underlined material and
deleting the stricken material as follows:
Section 825.31. Board of Adjustments and Appeals.
Subd. 1. Establishment. A board of adjustments and appeals is established. The city council
shall serve as the board of adjustments and appeals.
Subd. 2. Powers. The board of adjustments and appeals shall have the following powers:
(a) to hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by the zoning administrator or any
other person in the enforcement of this ordinance; and
(b)
to hear requests for variances pursuant to Section 825.45 of the City Code. from the
under consideration, and to grant such variances only when it is demonstrated that
hardship" as used in connection with granting of a variance means the property in
the property not created by the landowner, and the variance, if granted, will not alter
constitute an undue hardship if reasonable use for the property exists under the terms
access to direct sunlight for solar energy systems. Variances shall be gaited for
with sheltered construction, as defined by statute, when in harmony with this,
ordinance. The board shall not permit as a variance any use that is not permitted
located. The board may impose conditions in the granting of variances to insure
Subd. 3. Staff Liaison. The zoning administrator shall serve as staff liaison to the board of
adjustments and appeals. The zoning administrator shall prepare reports and information for
Ordinance No. 537 1
October 16, 2012
the board, and may attend its meetings and participate in hearings or discussions held by the
board but shall not vote on any item before the board.
Subd. 4. Procedures. The board of adjustments and appeals shall consider all matters before
it at a blame earin ,ch, notice ire- by st t to thi3 ordinance
flu �1 g'
The board shall make its decision within a reasonable time and shall serve a copy of its
order upon the appellant or petitioner by mail. The board may establish procedures for the
conduct of proceedings before it. The board shall provide for a record of its proceedings
which shall include the minutes of its meetings, its findings and the action taken on each
matter heard by it, including the final order. The board shall make no decision on an appeal
or petition for a variance until the planning commission has had a reasonable opportunity,
not to exceed 60 days, to review and report to the board regarding the appeal or petition.
SECTION II: Medina Code Section 825.45 et. seq. is amended by adding the underlined material
and deleting the stricken material as follows:
VARIANCES
Section 825.45. Variances Criteria for ranting, Varian
Subd. 1. A variance from the provisions of the zoning ordinance may be granted by the board
of appeals and adjustments consistent with this section .ursuant to Minn. Stat. section
462.357, subd. 6, as it may be amended from time to time.
Subd. 2. Criteria for Granting Variances.
(a) A variance shall only be granted when it is in harmony with the general purposes and
intent of the ordinance.
(b) A variance shall only be granted when it is consistent with the comprehensive plan.
(c) A variance may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. Economic considerations
alone do not constitute a practical difficulty. In order for a practical difficult to be
established, all of the following criteria shall be met:
(1) The property owner proposes to use the property in a reasonable manner. In
determining if the property owner proposes to use the property in a reasonable
manner, the board shall consider, among other factors, whether the variance
requested is the minimum variance which would alleviate the practical difficulty
and whether the variance confers upon the applicant any special privileges that
are denied to the owners of other lands, structures, or buildings in the same
district;
(2) The plight of the landowner is due to circumstances unique to the nropert not
created by the landowner; and
(3) The variance, if granted, will not alter the essential character of the locality.
Subd. 3. No variance may permit any use that is not allowed under the zoning ordinance for
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October 16, 2012
property in the zone where the affected person's land is located, except that the city may
permit as a variance the temporary use of a one family dwelling as a two family dwelling.
issued-te-ffEwide-r-elief to the landowner whe, the or inaliee imposes ,.,,E-1„0 hardsl ip or
issued. A variance may be granted only in the event that all of the following circumstances
exist:
(a) Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or shape,
topography, or other circumstances over which the owners of property since enactment of
this Ordinance, have had no control.
Owe:
(c) That the special conditions or circumstances do not result from the actions of the applicant.
(d) That granting of the variance requested will not confer on the applicant any special
privileges that is denied by this Ordinance to the owners of other lands, structures, or
buildings in the s e ,listfiet
(f) The variance would not be materially detrimental to the purposes of this Ordinance or to
property in the same zone.
Subd. 2. In addition to the above requirements, a variance regarding an individual sewage
Individual Sewage Treatment and Disposal System ordinance.
Subd. 44. Procedures for the review of Variances.
(a) Application materials. The person applying for a variance must fill out and submit to the
Zoning zoning Adtilinistfatefadministrator a variance request form. The applicant shall
submit the following information along with the request form:
(1) A site plan must be attached at a scale large enough for clarity showing the
following information:
(ei) Location and dimensions of lot lines, buildings, driveways, and off-street
parking spaces;
(bii) Distances between buildings and front, side, and rear lot lines; principal
buildings and accessory buildings; and principal buildings and principal
buildings on adjacent lots;
(eiii) Location of any signs, easements, underground utilities, septic tanks, tile
fields, water wells, or similar features;
Ordinance No. 537 3
October 16, 2012
(iv) Existing topography of the site and area within 100 feet of the property
boundaries with contours at 2-foot intervals, including lot corner elevations;
(v) Proposed grading plan with contours at 2-foot intervals; and
(vi) Other information required by City Code.
(d2) A survey, if requested by the Zoning zoning Adfainistfatefadministrator.
(3) A narrative describing the requested variance and describing how the applicant believes
the criteria described above have been satisfied.
(4) Any other information requested by the zoning administrator, the planning commission,
or the Board in order to allow reasonable review of the requested variance.
—(b) The planning commission must hold a meeting on the proposal and may provide
a recommendation to the board. For land located in the RR, RR-1, RR-2, RPS or RR-UR
zoning districts, notice of the meeting must be mailed at least 10 days prior to the meeting to
owners of property located within 1000 feet of the outer boundaries of the land to which the
variance will be applicable. For land located in any other zoning district, notice shall be
mailed at least 10 days prior to the meeting to owners of property located within 350 feet
of the outer boundaries of the land to which the variance will be applicable. The notice
must include a description of the land and the proposed variance.
Subd,-3-:(c) After review and re endation by the planning commission has completed its
review or after 60 days have elapsed since the commission began its review, whichever
occurs first, the variance must be referred to the bBoard of aAdjustment and aAppeals. The
bBoard of ^ djustment ana Appeals shall hold a hearing after which the board may grant,
deny or condition approval of the variance on such terms as it considers reasonably
necessary to protect the public health, safety or welfare and to limit the impacts created by
the variance. Such conditions may, includei+ g a limit on the period of time the use
benefiting from the variance may exist or operate. Conditions shall be directly related to
and shall bear a rough proportionality to the impact created by the variance. The Board
board of ^ d".stment and ^ ppeal s must make its decision within the time period prescribed
by state law. The applicant shall be notified of the action taken.
&bil.-4.(d) Any variance granted by the bBoard of aAdjustment and aAppeals is valid for one
year following final action by the bBoard and must be used within such period of time.
After such period, the variance is null, void and of no effect unless the bBoard grants an
extension upon request by the variance holder prior to the expiration of the year. Prior to
granting any extension, the bBoard must find that the owners of neighboring properties will
not be adversely affected by the extension. A variance is deemed to have been used if, prior
to the expiration of one year or such extension as the bBoard may grant, a building permit
has been issued and over fifty percent of the work has been performedwork has begun.
Section 825.47. RESERVED.
SECTION III: The ordinance shall be effective upon its adoption and publication.
Ordinance No. 537 4
October 16, 2012
Adopted by the city council of the city of Medina this 16th day of October, 2012.
7141
T.M. Crosby, Jr., Mayo,
ATTEST:
I J
it Johnson,
Admi
nistrator -Clerk
T.y
Published in the South Crow River News this 25th day of October, 2012.
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October 16, 2012