HomeMy WebLinkAbout[04a] Ordinance Amendments - 52.07 AdministrationMy OF ST. JOSFPH
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
PREVIOUS PLANNING COMMISSION ACTION:
Planning Commission Agenda Item 4 a
November 6, 2011
Ordinance Amendments — 52.07 Administration
Administration
BACKGROUND INFORMATION: Reacting to a ruling of the Supreme Court, the Legislature amended
the Variance provisions giving the City's authority once again to consider granting a variance. Since the
St. Joseph Ordinance mirrored MN Statute, it is not contrary to the current law and needs to be
modified. The amendment is consistent with the new Legislation enacted in 2011.
ATTACHMENTS: Request for Planning Commission Consideration
Hearing Notice
Amendment
Ordinance
REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council amend Ordinance 52.07
changing the variance provisions to mirror MN Statute.
\ CITY OF ST. JOSEPH
WWW. clty0{stjoseph.com
City of St. Joseph
Amendment to Ordinance 52: Zoning Ordinance
The St. Joseph Planning Commission will be conducting a public hearing on Monday,
Administrator November 7, 2011 at 7:00 PM to consider the following amendments to the City of St. Joseph
Judy VVeyrens Zoning Ordinance:
Ordinance 52.07, Administration — Amendment revises variance guidelines to match
Mayor legislative changes.
Rick Schultz
Ordinance 52.27, Single Family Residential — Amendment adds provision for interim
Councilors use for military personnel.
Steve Frank Ordinance 52.31 B1, Central Business District — Amendment includes adding drive thru
Bob Loso businesses as permitted uses.
Renee Symanietz
Dale Vick Ordinance 52.32 B2, Highway Business - Amendment includes adding drive thru
businesses as permitted uses and modifies building exterior material.
Ordinance 52.33, General Business — Amendment includes adding drive thru
businesses as permitted uses and modifies building exterior material.
Full text of the above Ordinance Amendments can be viewed at the City Offices, 25 College
Avenue North or on the City website: www.citvofstioseph.com. All persons wishing to testify
will be heard with oral testimony limited to five minutes. Written testimony can be submitted
to the City of St. Joseph, Attn: Judy Weyrens, PO Box 668, St. Joseph MN 56374.
Judy Weyrens
Administrator
Publish: October 26, 2011
zs College Avenue North . PO Box bb8 • Saint Joseph, Minnesota 5b374
Phone 3zo.363.7z0i Fax 3zo.363.0342
AMENDMENT TO ORDINANCE 52.07
Variance Proceedings
The Planning Commission for the City of St. Joseph hereby recommends the City Council amend
Ordinance 52.07 to add the following provision:
Subd. 2 (a): Add the following provision:
In recommending any adjustment or variance under the provision of this Section,
the Board of Zoning Adjustment shall designate such conditions in connection
therewith as well, in its opinion, secure substantially the objectives of the
regulation to which the adjustment or variance is granted, as to light, air and the
public health, safety, comfort, convenience and general welfare
Subd. 2(a): Delete 2(a) 1- 7 and replace with the following:
1. The variance requested is consistent with the adopted St. Joseph Comprehensive
Plan.
2. The variance requested is harmonious with the general purposes and intent of the
governing Zoning District Ordinance.
3. The Applicant establishes that there are `practical difficulties' in complying with
the zoning ordinance. Practical difficulties as used in connection with the
granting of a variance shall mean:
a. The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance.
b. The plight of the landowner is due to circumstances unique to the property
not created by the landowner.
c. The variance, if granted will not alter the essential character of the locality.
4. Economic considerations alone shall not constitute practical difficulties under the
terms of this Ordinance.
Practical difficulties shall include, but are not limited to, inadequate access to
direct sunlight for solar energy systems.
6. Variances shall be granted for earth sheltered construction as defined in MN
Statute 216C.06, Subd. 14 as may be amended, when in harmony with the zoning
ordinance
(SIGNATURE PAGE TO FOLLOW)
This amendment is recommended for approval on this day of , 2011.
CITY OF ST. JOSEPH
S. Kathleen Kalinowski, Chair
Judy Weyrens, Administrator
ORDINANCE 52 — ZONING ORDINANCE
Section 52.07: ADMINISTRATION
Subd. 1: Board of Appeals and Adjustments.
a) Board. Members of the City Planning Commission shall serve as members of the
Board of Appeals and Adjustments for periods commensurate with their
respective terms of office as members of the City Planning Commission. The City
Council shall appoint the City Administrator /Clerk of the Board as the Secretary.
b) Procedure. Four (4) members of the Board constitute a quorum and a majority of
all the members of the Board is necessary for any decision of the Board. If only
four members of the Board are present, a unanimous vote is required. The
Chairman of the Planning Commission shall be the Chairman of the Board.
Subject to the provisions of this Ordinance, the Board may adopt rules necessary
to the conduct of its affairs. The Chairman or, in his absence, the acting
Chairman, may administer oaths to witnesses. All meetings shall be opened to the
public. The Board shall keep minutes of its proceedings, showing the vote of
each member upon each question, or if absent or failing to vote, indicating such
fact. The Board shall keep records of its examinations and other official actions.
C) Powers and Duties of Board.
1. The Board shall have the power and duty of hearing and deciding, subject
to approval by the City Council as herein provided, appeals or requests in
the following cases:
A. Appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by an administrative
officer in the enforcement of this Ordinance.
B. Requests for variances from the literal provisions of this Ordinance
in instances where their strict enforcement would cause undue
hardship because of circumstances unique to the individual
property under consideration.
2. Planning_ Commission Duties Distin igu shed. The Planning Commission
shall have the power to consider special use permit applications and
applications for amendments to the zoning ordinances or rezoning.
3. Review of Appeals Decisions. No permit shall be issued under the
provisions of this section unless and until a decision of the board, as
aforesaid, approving the same, is approved and confirmed by the City
Council. In reporting its decision to the City Council, the board shall
52.07 -1
ORDINANCE 52 — ZONING ORDINANCE
report its findings with respect thereto and all facts in connection
therewith, and shall specifically and fully set forth any adjustment or
variance granted and the conditions designated. Upon receipt of such
report, the Council either shall by resolution approve and confirm the
decision, whereupon the permit as applied for may be issued, or shall
refuse to approve and confirm the decision. In all cases in which
adjustments or variances are granted under the provisions of this section,
the Board and Council shall require such evidence and guarantees as it
may deem necessary to insure compliance with the conditions designated
in connection therewith.
Subd.2: Variances.
a) Administration. A variance may be granted to allow a property owner to deviate
from the specific development standards applicable to a particular district. A
variance shall not be granted to allow a use that is not otherwise permitted in the
district involved.
In granting a variance the Board, or the Council in reviewing the Board's decision,
may prescribe appropriate conditions in conformity with this Ordinance to protect
properties and the health and safety of persons residing or working in the
neighborhood. In recommending M adjustment or variance under the provision
of this Section the Board of Zoning Adjustment shall designate such conditions
in connection therewith as well in its opinion secure substantial) t1� �e objectives
of the regulation to which the adiu stment or variance is granted, as to light, air
and the public health safety. comfort convenience and general welfare.
When such conditions are made part of the terms under which the variance is
granted, violation of the conditions is a violation of this Ordinance. A variance
shall not be granted by the Board, or by the Council upon review, unless they find
the following facts:
applying to the pr-epef4y in questien as to the intended use of the pr-epei4y
.. must not be the result 0
aetions taken by the petitioner.
2. That the liter-a! interpr-ewiea of the provisions of this Or-dinaftee would
the same z .t t a the t is e thi , n,.a, ranee
+ .J \l1. G -[1S.) \11. �.f 11 L{ALIVV+
52.07 -2
ORDINANCE 52 — ZONING ORDINANCE
..
OWN
so genefal of r-eetiffent anatur-e as to make reasonably pfaetieable the
alleviate the hardship on. t�e pa4ioul
7. That the var-ianee would not be materially detrimental to the purposes e
1. The variance requested is consistent with the adopted St. Joseph
Comprehensive Plan.
2. 'rhe variance requested is harmonious with the 3e, neral purposes and intent
of the governing Zoning District Ordinance.
3. The Applicant establishes that there are 'practical difficulties' in
complying with the .zoning ordinance. Practical difficulties as used in
connection with the grrantinp of a variance shall mean:
a. The property owner proposes to use the property in a reasonable
manner not permitted by the zoning g rdinance.
b. The plight of the landowner is due to circumstances unique to the
property not created by the landowner.
c. The variance if granted will not alter the essential. character of the
locality.
4. Economic considerations alone shall not constitute practical difficulties
under the terms of this Ordinance.
5. Practical difficulties shall include, but are not limited to, inadequate access
to direct sunlight for solar energy systems.
4-.6. Variances shall be granted for earth sheltered construction as defined in
MN Statute 2160.06, Subd. 14 as may be amended, when in harmony with
the zoning ordinance.
b) Variance Procedure. Application for a variance or appeal under the provisions of
this section shall be made to the City Administrator /Clerk in the form of a written
52.07 -3
ORDINANCE 52 — ZONING ORDINANCE
application, called a Development Review Application. The Development
Review Application must be submitted three weeks prior to a variance request.
1. The City Administrator /Clerk shall review all Development Review
Applications and upon completion of the requirements of the application
shall schedule a public hearing. The City Administrator /Clerk shall have
ten (10) days to review the application for completeness. Notice of such
hearing shall be mailed not less than ten (10) days nor more than thirty
(30) days to property owners within 350 feet of the affected parcel as
determined by the City Administrator /Clerk. Such notice shall also be
published in the official newspaper within the above time period. Failure
of a property owner to receive said notice shall not invalidate any such
proceedings.
2. A variance of this Zoning Ordinance shall be by majority vote of the full
Board of Appeals and Adjustments.
3. If the Board of Appeals and Adjustments determines that the application
be granted, the Board of Appeals and Adjustments shall make its
recommendation to the City Council within thirty (30) days of such
determination. Upon receipt of such report, the City Council shall either
by resolution approve and confirm the decision, whereupon the permit as
applied for may be issued, or shall refuse to approve and confirm the
decision. If the City Council acts on an application granted by the Board
of Appeals and Adjustments, the City Council shall make its order
deciding the matter and serve a copy of such order upon the appellant or
the petitioner by mail within ten (10) days after its decision.
4. If the Board of Appeals and Adjustments denies the application the Board
shall make its order and serve a copy of such order upon the appellant or
petitioner by mail within ten (10) days after its decision. The appellant or
petitioner may appeal the decision of the Board of Appeals and
Adjustments to the City Council by filing a written request of appeal with
the City Administrator /Clerk ten (10) days after receipt of the written
denial from the Board of Appeals and Adjustments. The City Council
shall review the decision of the Board of Appeals and Adjustments within
thirty (30) days after notice of said appeal. The City Council shall make
its order deciding the matter and serve a copy of such order upon the
appellant or the petitioner by mail within ten (10) days after its decision.
C) Successive Applications. Whenever an application for a variance has been
considered and denied by the City Council, a similar application for a variance
affecting substantially the same property shall not be considered again by the
Planning Commission or City Council for at least six (6) months from the date of
its denial, unless a decision to reconsider such matter is made by not less than
four -fifths (4/5) vote of the full City Council.
52.07 -4
ORDINANCE 52 — ZONING ORDINANCE
d) Lapse of Variance. If within one (1) year after granting a variance the work
permitted is not started such a variance shall become null and void unless a
petition for an extension has been approved by the City Council.
52.07 -5
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