Loading...
HomeMy WebLinkAbout[06] Public Hearing - Variance Request - McMullen-Hall Properties j r1A,SsiVi ll ttct crrY ST. JOSEPH Council Agenda Item 6 MEETING DATE: February 6, 2012 AGENDA ITEM: McMullen -Hall Properties 736 —19` Avenue NE Public Hearing, Special Use Permit SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: In 2004 the Planning Commission approved a variance regarding the construction material as the Ordinance had just changed at this time requiring perimeter footings. This requirement did not work well when trying to tie into an existing building. Later American Manufacturing updated the outside of the building and completed landscaping. BACKGROUND INFORMATION: The City staff has been working with representatives from American Manufacturing to find alternatives for expansion. They are in need of additional space and would have like to develop either to the north or east. The property to the north is tied up in financial and legal issues so expansion to the north is not available. The property to the east is contemplated for access to the property north of the industrial park so that is not readily available. American Manufacturing has been able to design an expansion that fits on to the existing sit allowing for the needed expansion. The only difficulty becomes the front yard setback. The current ordinance requires a 30 foot setback and the illustrations indicated a twenty foot setback. Representatives from American Manufacturing have discussed the power lines that are located in the front yard with Stearns Electric. The proposed addition will not hinder their ability to maintain and service the line and they have approved the reduced setback. In 2011 the Planning Commission updated the variance regulations to meet the newly enacted legislation setting the guidelines for variance approval. The new statute allows a variance to be granted only where the strict enforcement of the City Zoning controls will result in practical difficulty. In the case of American Manufacturing, they have tried to purchase adjacent property without success. The failure is not a result of financial differences; the property is not available at this time. The company is growing and the expansion will result in additional jobs. The proposed addition is consistent with the uses in the Industrial Park and with the St. Joseph Comprehensive Plan. The matter before the Planning Commission is the variance, not the site plan. Before staff continues to work on the site plan development, the matter of the variance needs to be addressed. Staff has identified some modifications that are needed on the site plan and we will continue to work through these. ATTACHMENTS: Request for Planning Commission Action Public Hearing Application Narrative for Request Draft Findings of Fact B2 Zoning District Requirements Variance Ordnance REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation to the City Council supported by findings of fact. • . ,,,, CITY OF ST. J OSEPH www.cityofstjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, February 6, 2012 at 7:15 PM. The purpose of the hearing is to consider a thirteen (13) Administrator foot variance on the front yard setback. The variance is being requested to allow for an Judy Weyrens expansion to the existing facility. The property is legally described as: Section 11, Township 124, Range 29; Lot 002 Block Mayor 001 Whitney Wing. Kick Schultz St. Joseph Code of Ordinances 52.34 Subd. 6(a): Front yard setbacks shall be thirty (30) Councilors feet from the lot line. On corner lots, the setback from all lot lines abutting a street shall Steve Frank be thirty (30) feet. When an industrial district lot is separated from a residential zone by a city street, the setback from the lot line shall be one hundred (100) feet. Bob Loso Renee Symanietz McMullen -Hall Properties, LP, 190 15040 Fairfeild VIG SQ DR, Cypress, TX 77433 has Dale Wick submitted the request for Variance. Judy Weyrens Administrator 1. / s :903 4 0 010 Proposed location of 31000 variance. Tss 0 - 721 T / 720 T!T 71Y %' T!! 710 T03 3.. A: TM 7I1 4 8310 4 it! MA _ „, Of a Note: MN Statute requires mailed notice to all property owners within 350 feet of a variance, special/interim use, rezoning or plat. zs College Avenue North • PO Box 668 • Saint Joseph, Minnesota 5 6374 Phone 310.363.7201 I dx 320.363.0342 THIS PAGE INTENTIONALLY LEFT BLANK City of St. Joseph Print Form I 25 College Ave N PO Box 668 St. Joseph MN 56374 (320) 363 -7201 Variance Application Property Owner (s): McMULLEN -HALL PROPERTIES, LP Property Owner Address: 190 15040 Fairfeild VIG SO ° C R ity: Cypress State: TX Zip: 77433 Property Address: 736 19th Avenue NE PO Box 640 City: St. Joseph State: MN Zip: 56374 Parcel No. Legal Description: (Copy of Deed verifying full legal must be provided) Applicant requests variance from the following Section (s) of the St. Joseph Code of Ordinances: Ordinance No (s): b ra ` cabct Section No (s): This is an expansion of the existing use. The intended use that does not compy with the Ordinance (s) is (are) This is an expansion of the existing use. The grounds for requesting the variance The need is to expand the existing office area which requires are as follows: (glair why strict enforcement of the ordinance will encroachment into front yard setback. cause un unnecessary hardship or the stria conformity of the standards are unreasonable, impractical or not feasible rower the circumstances). 1 hereby swear and affirm that the information supplied to the City of St Joseph is accurate and true. I acknowledge that this application is rendered invalid and void should the City determine that the information supplied by me, the applicant, in appying for this variance is inaccurate or untrue. 1 also understand that I am responsible for reimbursing the City for all costs incurred in reviewing this appIicaf • • ►' pro f. owners must sign the application below and the application fee is non - refundable). Signature: ��� Application Date / / Av e Fee Paid Deposit paid FOR OFFICE USE ONLY ❑ Application Complete Date ❑ Approved ❑ Denied ❑ Application Incomplete Date of Retum: Reason for determination of incomplete: City of St. Joseph l Print Form I 25 College Ave N PO Box 668 St. Joseph MN 56374 (320) 363 -7201 Findings of Fact Supporting or Denying a Variance A variance may be granted only where the strict enforcement of the City Zoning controls will result in practical difficulty. A determination that "practical difficulty" exists is based upon the consideration of the following criteria as defined in Minnesota Statutes, Secton 394.27: 1. Is the request consistent with the spirit and intent of the Comprehensive Plan and related Ordinances? Why or why not? This is an expansion of the existing use. 2. Is the landowner proposing to use the property in a reasonable manner? Why or Why Not? This is an expansion of the existing use. 3. Is the need for the variance due to circumstances unique to property; not created by the current or previous landowners? Why or Why or Not? The need is to expand the existing office area which requires encroachment into front yard setback. 4. Is there another feasible method to alleviate the need the variance? No. 5. Will the issue of the requested variance be in keeping with the essential character of the locality? Why or Why not? (Consider and discuss the extend of the potential impact of the land owner's proposal on the locality) Yes. 6. Does the proposal involve more than economic considerations? (Economics are a factor to be considered but cannot be the sole factor. See Letter provided by Owner. In reviewing the Variance request the Commission should weigh and balance each of the elements. 736 19th Ave. NE P.O. hone: (320) 363 -7273 O. Box 640 American Manufacturing Fax: (320) 363 -7274 St. Joseph, MN 56374 Toll Free: (888) 299 -3412 January 12, 2012 Re: American Manufacturing, St. Joseph, MN To all Council Members, I am requesting a variance for this project to add office space for future growth and employment. As you will notice, after we add the 13,243 square ft warehouse addition and allowing adequate room for semi delivery & shipment, we will need additional Engineers and Sales personnel with the growth of our company. With our existing office location, it would make the most sense and use of our property to add the office space on the west side of our building. We have exhausted all efforts to purchase more land adjacent to our current location. With the support of the city council, this would allow us continuous growth in the St. Joseph community. Sin Jeff Mortenson General Manager American Manufacturing Co. www american- manufacturing.com U 1 1 Y i Y Y ®•p .a V f as o v A ! gi, = I illi i i z 4 1 ;Bacl a s W Jz wwwr w o rcwwwzwwz¢w¢ - Q NJO > $ z w w z zZ Z - W o W :ia J o m. > z o Z z In w vl a 2 Q Q 2UNU !tQ i• N W- z w¢' = Z w -¢ i w wr C5 a9. f dU3W 3r- U^003r(Y p� } or -od o¢oo 1 !ill U Q d¢ c d 0 0 ¢] I. ,.∎ Q -- r Z — V 3 Q ;'E'• p W S W �• N 0 z 7 In ww¢u . w u w a - ¢ mmmr = vl yy d7 y i 1Y a w N mw .pW W r - a l G tt z h 6 6 w ? O • I 1-• y 1 S m � I L T -_ r 7 W. - . + j 2 ** 1 N l a r F 2 i st g� s NI p ~ '4 >an ,m_ wan uQ '1- ;fici;!,.,-... -..!,----:::_:.-',.-!';,N ■ 4 % 1 .--,--, 11;. r t } "1 9 S .. • r I I , ftl ..:,,S::11-. t 3.7-. , I 1 y i ,„ . „i .!4..q! g „____ ___ __ _ _ ____ „, _ _ -4tP! W.;”717! .:11:*:: h;; F ,,,,L__i i7l6TY 1000f eaa . it 9 Jell i1 —■__.®,— ij w X4 • • V - n 511 4 g j� i i r , ! .,, i ,, r ......,i rm , ,,, 1 g , ll i, „ ,., , R C M1 !=- ii I ,, ° § ;i% "`'` � � 1 a. t ; .. ;� $ y ' 1! i i lukpiiii!:! I i ,, g i !rill x ! ' ilk; li. il 1! sti 1 �i _ v ig y - = }1 - II. �i I i a ! », < l • 1 # 11111s1Riiii i i II. 1111 i . si szs l s 3 ,9 . i 1 11 . iI' f l 9 .s i; ii 9 1 q: IF M. � I 1 iJ i Ii' t ' il! I I -. .is � � " � �f # 1 ' ; 1 _ • . i 1i i ; i , : I ! 1. I l i lid 1` 1 I y ii1 l 3 3' ! �, ' 1 pas y 1 It g j !Hi lit i1 1 i ' y - I's 1 $ . mcc w � t M Z . I �* i - -3 a w.a.n., 1 1- 41 ..•,-...„„...„, % ,. - . H Iu u hI1IIII O \ \ - j T1 , I 111 i 1 1 lQ n i aiissasssssssy iii § § §o §.s ■ ■^ .,___ - 9� Y L am" . i 9/ • ■r. .Adi i.J■■ OM ■■■■■■■••ss■ss•••s• ■O ■1■■L 7 \■0 -+1<Z �. ■■ ■s- .[-Y �u ii.-!'LaI.iha Y ■i'Y JLLLa4•■I I IIa■I"a 1,ILl11'!■ IYI& 1I'1 111 ram sit • a1s is l.aaJ� �� - s�„ am= I•C lIt.V.I�r•rcuyll a ,►■ Y c■ ^u■ 1J ■. ■ : 117 ■ ■ / ■�- • =a7C- 77CaJ J r■ ■I.■/■1\Il• / I.P. M R i■ Y�Yi 7 (■Fi■■ +■■ +a! �i7Ti EWIE /7[•• F I■■ I■ ■i ! °7■.IIIII I■ ■ ■Y'I■•.■1� /li .lL.II ■J a ■■■ +■ ..■■N■■■■i!ii/ I.I(Il11 4I t!Iia1i • J■■E71.6..E11a1■= 1.1.).al ■.ra JYi.rGL.ii • l3 ( i V J U■■■■ CILIUM, ■ /■ /■ .Ye ®qn .ti, BWP .a, ftw% 3111 Im - Iad. -- -- - `. ( T - }t 1 I / _ I Iii. 1 ,=,Y 1 I Mgi ' y 1 1 1 • 1 ;1.1: o —� -- s I 2 , ' J• I ` 1 4 • tl1 1 4 cm 1 r■ItLi -I SI I § i g: i i ' :tail t if. tio a 0 1 I i t . _: .001 1 i� � y • • 1 ? II i Si a I II °r i 1 1 II ig ,1, ' b 1 J p, j j j/j ,; i II I - % / / / / / / // / I �" + c a . C C'm'�..k ```T 1� wOJ ": i 1 1.3121•S 14.1380r -- -- -- -- -- - -- o 1 111 1111 Ili 1 I I 1 y i i r . lIMPl 0111 11111 II 1111 1111 inlx k.. ; - 0 1.11 '1 111 II ©111 obit' n le 4 W ! .: ww = J U • a +emu zl i 0 ° o_QI ` ( z ii Z 1110 -I a. ma-s0F 1111 t Qi1 IW ■11 0 , W Er _ h . # . ∎ a a a us ORDINANCE 52 — ZONING ORDINANCE Section 52.34: LI -LIGHT INDUSTRIAL DISTRICT Subd. 1: Intent. The Light Industrial District provides space for industrial activities involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a relatively low level of on- premise processing. These activities may include secondary commercial functions which are conducted on site. Subd. 2: Permitted Uses. The following use shall be permitted within the LI -Light Industrial District: a) Assembly plants and manufacturing enterprises of a wide variety of products that do not cause noxious odors or noise, including excessive users of water and sewer. Examples of such uses include: fabrication or assembly of small products such as opticals, electronics, pharmaceuticals, medical supplies and small equipment. b) Publishing establishments. c) Clothing or apparel manufacturing or assembly. d) Business incubator facilities. e) Bottling establishments. f) Dry cleaning and drying establishments. g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer, cabinets and similar word items. h) Building materials sales and storage/ lumberyards. i) Manufacturing of plastic, fiberglass and metal products. j) Mini - storage. k) Major automotive repair. 1) Offices /showroom/retail space as a portion of the principal industrial use provided they do not exceed a combined 25 percent of the total square footage of the principal use. m) Appliance assembly and warehousing. 52.34 -1 ORDINANCE 52 — ZONING ORDINANCE b) Commercial activities relating to production systems, structural maintenance programs or the construction industry. c) Service structures, public or private, designed and used to serve the uses in the surrounding area, such as electric power substation, telephone buildings, deep wells, elevated tanks and similar structures and uses. d) Commercial /Industrial Planned Unit Development. e) When property within a Light Industrial District abuts County State Aid Highway 75: 1. Motels 2. Gasoline service stations 3. Restaurant or supper clubs 4. Drive -in establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 5. Open sales or temporary rental lots f) Indoor Firing Range provided that: 1. The firing range shall not be located on any lot adjacent to an existing Residential, Educational/Ecclesiastical or Public District. 2. The firing Range shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an existing firing range or establishment licensed to dispense intoxicating or non - intoxicating liquor, nor shall they be in a building that dispenses liquor. 3. The use, occupancy and construction of the building shall conform to the Minnesota State Building Code. 4. The building and method of operation shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. 52.34 -3 ORDINANCE 52 — ZONING ORDINANCE single - walled safe, or the sum of the steel walls shall add up to at least .100 inches for safes with two walls. Doors shall be constructed of a minimum of one layer of 7 -gauge steel plate reinforced construction or at least two layers of a minimum 12- gauge steel compound construction. E. Door hinges shall be protected to prevent the removal of the door. Protective features include, but are not limited to, hinges not exposed to the outside, interlocking door designs, dead bars, jeweler's lugs, and active or inactive locking bolts. 9. On -site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. 10. The applicant shall provide and maintain proof of liability insurance which shall require the insurer notify the City Administrator in writing within ten (10) business days of cancellation of the policy, a change in the limit of the policy and/or a change in policy ownership. Said policy shall be available for inspection by the City Administrator and/or his/her assigns at all times. 11. On site instruction shall be given only by Certified Firearms Instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection at all times. 12. An outside security plan for the general grounds shall be submitted to the City Administrator or designee for review and approval. 13. The transport of firearms on the premises, to the premises and from the premises shall conform to State Law. 14. Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. 15. Indoor firing ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses non - intoxicating or intoxicating liquors. 16. The Council reserves the authority to review or modify the performance standards for the range. 52.34 -5 ORDINANCE 52 — ZONING ORDINANCE Subd. 7: Height Requirements. a) No building constructed in any Light Industrial District shall be more than fifty - five (55) feet in height. Berming the building does not allow a building to be constructed higher than 55 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more than 50 percent of the lot area. Subd. 9: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in Section 52.10. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading Docks. All loading docks shall conform to the standards set forth in Section 52.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities shall consist of pre -cast or cast tip up concrete walls, concrete block (painted or decorative), post frame /steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8 ") above the final grade, and stick built construction. Pre - finished architectural metal panels, with a minimum twenty (20) year manufacturer color -fast warranty, may be used as a construction material. A minimum of twenty -five (25 %) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre -cast or cast in place concrete buildings shall provide the same amount of adornment.. Updated 52.33, Subd. 9(c) on 1/2005 *section subsequently renumbered) d) Every applicant for a permit develop or expand any industrial property in the City shall be required to submit a complete and accurate statement concerning the specific nature of the use to which the property is to be put and shall certify that the proposed use shall comply with all regulations, ordinances, or special provisions which may apply. e) The Planning Commission shall have the right to require any additional information, corrections, or control, deemed necessary for the protection of the public. The Planning Commission shall have the right to hire expert consultants, at the permittees' expense, to assist in the establishment of special restrictions for any Industrial Use. 52.34 -7 ORDINANCE 52 — ZONING ORDINANCE Subd. 10: Development Plan Requirements. All development plans must be submitted to the Zoning Administrator for review and circulation to the City Engineer and Public Works Director, and if it is determined that the use and development is consistent with the stated intent of the zoning district, Planning Commission approval is not required. If the proposed use is not consistent with the intent of this ordinance or compatible with adjacent land uses, the proposed development plan will be submitted to the Planning Commission for approval. In determining conformity to the Ordinance, the following information must be presented to the Zoning Administrator. Updated 52.33, Subd. 10 on 4/2005 subsequently renumbered) Section 52.34 Subd 10 amended 10/10 a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick -up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air - conditioning equipment. k) Landscaping material including the location, type of plant and size. 1) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. o) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). p} If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. 52.34 -9 ORDINANCE 52 — ZONING ORDINANCE 2. Temporary signs advertising a new subdivision development limited to the following: (1) maximum size shall be thirty -two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground level. 3. Real estate signs, including signs advertising the sale or rental of premises, are permitted provided the area on one side of any such signs shall not exceed six (6) square feet. 4. Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty -two (32) square feet in area. b) Portable Signs. 1. Definition. A portable sign is one that is movable from one location to another and is not permanently affixed to the ground, sales display device, or structure. 2. Permit Required. A business seeking to use or display a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. 3. Length of Use. The duration of time a portable sign can be located on a property is limited to a maximum of forty (40) days in any one calendar year. 4. Size. A portable sign shall not exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign. c) Business or Commercial Signs 1. Signs shall have a surface area not exceeding one hundred (100) square feet per sign with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such sign except a directional sign, is erected only on the premises on which the use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two or more separate and individual commercial operations are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to 52.34 -11 ORDINANCE 52 — ZONING ORDINANCE 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. 52.34 -13 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 Distinguished. 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 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. Section 52.07, Subd. 2 (a) amended 11/11 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: 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. 52.07 -2 ORDINANCE 52 — 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. 5. 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. Section 52.07, Subd. 2 (a) 1 -7 amended 11/11 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 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 52.07 -3 ORDINANCE 52 — ZONING ORDINANCE 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. 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 -4