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HomeMy WebLinkAboutOrdinance 502.06 Variance and Appeals ORDINANCE 502 – ZONING ORDINANCE Section 502.06: VARIANCES AND APPEALS Subd. 1: Board of Adjustments. a) Established. The Board of Adjustment is hereby established as the City Council and vested with such authority as is hereinafter provided, and as provided by Minnesota Statutes section 462.357, Subdivision 6. b) Powers. The City Council shall have the following powers: 1. To grant variances, that is, to vary and modify the strict application of any regulations of any of the regulations or provisions contained in this Title in cases in which there are practical difficulties in the way of such strict applications. No variance or modification of the uses permitted within a district shall be allowed, except as an official amendment of this Ordinance. 2. To hear and determine appeals as to the exact boundaries of zoning districts. 3. To interpret this Ordinance. 4. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official charged with enforcing this Ordinance. c) Appeal Procedures. An appeal shall only be applicable to an administrative permit, order, requirement or interpretation on intent of provisions of this Ordinance. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. 1. An appeal from an administrative action shall be filed by the property owner or their agent with the Zoning Administrator within ten (10) days after the making of the order, requirement, or interpretation being appealed. 2. The property owner or their agent shall file with the Zoning Administrator an application for appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by the City Council. In cases where the application is judged incomplete, the Zoning Administrator shall notify the applicant, in writing, within ten (10) days of the date of submission. 502.06-1 ORDINANCE 502 – ZONING ORDINANCE 3. An appeal stays all proceedings and furtherance of the action being appealed unless it is certified to the City Council, after the notice of appeal is filed, that by reasons stated in the certificate a stay would cause imminent peril to life and property. 4. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the City Council. 5. The City Council shall consider the application for appeal at a public meeting after a review and recommendation by the Planning Commission and consider testimony of the property owner and City staff. 6. Pursuant to Minnesota Statutes 15.99, the City Council shall make a decision in accordance with the timeline described for variances. 7. The Zoning Administrator shall serve a copy of the final order of the City Council upon the applicant by mail. Subd. 2: Variances. a) Purpose. The variance process is intended to provide limited relief from the strict requirements of this Ordinance in those cases where strict application of a particular requirement will create practical difficulties due to circumstances unique to the individual property under consideration. It is not intended that variance be granted to allow a use not permitted by the underlying zoning district, nor to merely remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general. b) Criteria. A variance shall only be permitted if all of the following facts and conditions exists: 1. The variance is consistent with the adopted St. Joseph Comprehensive Plan. 2. The variance is in harmony with the general purposes and intent of this 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 the circumstances unique to the 502.06-2 ORDINANCE 502 – ZONING ORDINANCE 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. 7. Additional Conditions: If granting a variance, the City Council may impose conditions to ensure compliance with this Ordinance and to protect adjacent properties. c) Variance Procedure. Application for a variance shall be made to the Zoning Administrator three (3) weeks prior to the next regularly scheduled Planning Commission meeting in order to be considered at that meeting, and shall be accompanied by the required fees as set by the City Council. 1. Information Required. The Zoning Administrator or Planning Commission may, at their option, require all or part of the following information prior to the public hearing on a variance request: a. Description of site (legal description). b. Site plan drawn at scale showing parcel and building dimensions. c. Location of all buildings and their square footage. d. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks. e. Landscaping and screening plans. f. Drainage plan. g. Sanitary sewer and water plans with estimated use per day. h. Soil type. i. Any additional data reasonably required by the Zoning Administrator or Planning Commission. 2. Completeness. The Zoning Administrator will determine whether the application is complete, if the application is not complete, the Zoning Administrator will notify the applicant of any deficiencies, and take no steps to process the application until the deficiencies are remedied. Once the Zoning Administrator determines that the application is complete, the application will be scheduled for consideration and for a public hearing. 502.06-3 ORDINANCE 502 – ZONING ORDINANCE 3. Fees. Every application must be accompanied by the required filing fee as established and modified, from time to time, by the City Council. The failure to pay such fee when due is grounds for refusal to process the application, and for denying or revoking any permit or approval for the subject property. 4. Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the decision on the application by a City Official, commission or board. Such withdrawal must be in writing and the fee will not be refundable. 5. Planning Commission Review. The Zoning Administrator shall forward the request to the Planning Commission who will conduct a public hearing on the variance request and make a recommendation to the City Council by adopting Findings of Fact. 6. Public Hearing and Notice Requirements. Written notices for the public hearing shall be mailed not less than ten (10) days or more than thirty (30) days to property owners within 350 feet of the affected parcel. 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. 4. Voting By City Council. Upon receipt of a recommendation from the Planning Commission, or within sixty (60) days of receipt of a complete application, whichever comes first, the City Council shall make its order deciding the matter by approving a resolution granting or denying the variance request. 5. Written Findings. The City Council will issue written findings stating the reasons for its decision and any conditions imposed, and serve a copy of its decision upon the applicant by mail within ten (10) days after its decision. 6. Recording. A certified copy of every variance to abstract or registered property, including the property’s legal description, must be filed with the Stearns County Recorder or Registrar of Titles d) 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 one (1) year. The City Council may permit a new application if, in its opinion, new evidence or a change in circumstances warrant reconsideration. 502.06-4 ORDINANCE 502 – ZONING ORDINANCE e) Lapse of Variance. If within one (l) 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. 502.06-5