HomeMy WebLinkAboutOrd. 342A -Expanding the Public Notification Distance in Rural Areas
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 342A SUMMARY
AN ORDINANCE EXPANDING THE PUBLIC NOTIFICATION DISTANCE IN RURAL
AREAS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
The purpose of this amendment is to expand public notification distance from 350 to 700 feet in
rural areas and to require a public hearing for variances.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 6th day of March, 2007.
AT~T; ()db CITYO~~
~~ ~4.
Victoria V olk, City Clerk ichael R. Gamache, Mayor
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 342
AN ORDINANCE AMENDING CITY CODE TO CHANGE THE NOTIFICATION
REQUIRMENTS FOR PUBLIC HEARINGS
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 14: ADMINISTRATION AND ENFORCEMENT
SECTION 12-14-7: VARIANCES:
B. Procedure: The procedure for granting variances is as follows:
1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the
community development director a request for variance form together with a fee as set
forth by ordinance . A public hearinl! shall be held bv the Planninl! Commission as
provided in Citv Code 12-14-8.
2. City Council Action: The City Council may grant the variance request if it will be in
keeping with the spirit and intent of this title and if it finds that strict enforcement of this
title will cause undue hardships because of circumstances unique to the individual
property under consideration. Economic considerations shall not constitute an undue
hardship if reasonable use of the property exists under the terms of this title.
SECTION 12-14-8: PUBLIC HEARING PROCESS:
B. Public Hearing
1. A public hearing on an application for the Council actions in this chapter shall be held
by the Planning Commission in accordance with the Minnesota State Statutes.
2. A notice of the time, place, and purpose of the hearing shall be published in the
official newspaper of the city ten (10) days prior to the day of the hearing.
3. Property owners and occupants within three hundred fifty feet (350') of the subject
propertyies in question located inside the Municipal Urban Serice Area (MUSA)
(based on the City's most current version of Anoka County Property Records) shall be
notified in writing, : although failure by any property OVi1'l:er or occupant to receive Sl:lch
notice shall not iw;alidate the proceedings. :Notifications shall be sent by mail.
4. Propertv owners and occupants within seven hundred feet (700') of subject
properties located outside the MUSA (based on the Citv's most current version of
Anoka Countv Propertv Records) shall be notified in writinl!.
5. The notification distance shall be measured from the perimeter of the subject
propertv. Propertv owner notifications shall be sent bv mail. Failure bv anv
propertv owner or occupant to receive such uotice shall not invalidate the
proceedinl!s.
1 See subsection 1-7 -3H of this code.
6. Staff shall have discretion to expand the notification area on a case bv case basis.
~ 1- The hearing may be continued from time to time in the event the planning and zoning
commission needs additional information from the applicant or other sources to make its
decision.
4~.The Planning Commission recommendation shall be presented to the City Council.
~2.The City Council shall make the final decision on the proposed action. (Amended
Ord. 314, 10-4-2005)
Adopted by the City Council of the City of Andover on this 6th day of March, 2007.
AVES:: IJ...d
f 7AA-J ~
Victoria V olk, City Clerk