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HomeMy WebLinkAboutOrd. 407 - Variances CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 407 THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 2: WATER-FED HEAT EXTRACTORS AND AIR CONDITIONING EQUIPMENT I 9-2-6: VARIANCES: Variances to this chapter may be granted, pro'iided the applicant can show a hardship in complying, Economic considcration shall not bc considercd a hardship in accordance with the procedures and requirements set forth in City Code 12-14-7. CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 1: GENERAL SUBDIVISION PROVISIONS 11-1-8: VARIANCES: A. Hardship: The Council may grant a ',:ariance from the rcquirements of this title as to specific tra<;ts of/and where it is shovifi that by reason of topography or other physical conditions strict compliance with these requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right; proyidcd, that a ',:ariance may be granted only if the ',:rrriance docs not advcrsely affcct the adjacent property O\'ifiers and Comprchensi',:e Development Plan or the spirit and intent of this title.Variances from the requirements of this title. and Title 12: Zoning Regulations. may be granted by the City Council as provided in City Code 12-14-7. except that any variance requests shall be made as part of the preliminary plat approval process, B. Procedure: Written application for a variance shall be filed with the Clerk, and shall state fully all facts relied upon by the applicant. Thc application shall be supplemented with maps, plans or othcr data that may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the Council. (f.mended 9/18/07, Ord. 355) C. Council.\ction: No variance shall be granted by the Council unless it shall have rccei',:ed the affirmati',:e vote of a maj ority ofthe full Council. Vl.mended Ord. 10, 2 15 1972) CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12-2-2: DEFINITIONS: IDmUE Hf.RDSHIPS: The property in qucstion cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight ofthe land is due to circumstances unique to the propcrty not created by the lando':ificr, and the variance, if granted, '.'{ill not alter the cssential character of the locality. PRACTICAL DIFFICULTIES: as used in connection with the granting ofa variance. means that the property owner proposes to use the property in a reasonable manner not p,ermitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance. if granted. will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties, Practical difficulties include. but are not limited to. inadequate access to direct sunlight for solar energy systems. 12-14-7: VARIANCES: A. Variances Authorized: Where thcre arc practical difficulties or unnecessary hardships in the 'Nay of carrying out the strict letter of the provisions of this title, an appeal may be made and a variance granted. /\. '(ffi"iance requires a hffi"dship on the part ofthe applicant and the burden ofpro'/ing the hardship shall fall upon the applicant. "Hffi"dship" as used in connection with the granting of a '(ffi"iance mcans the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the lando'/mer is due to circumstances unique to the property not creatcd by the landov.ner; and the '(arianee, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a rcasonable use for the property exists under the terms of the ordinance. (}.mcnded Ord. 8, 10 21 1970, Ord. 311, 10 1 2005) The City CounciL as authorized by Minn, Stat. 462,354 subdivision 2, and Minn. Stat. 462,357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. B, Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; 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; d, Economic considerations alone do not constitute practical difficulties, C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact I created by the variance, D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subiect property is located, except as follows: 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls, 2. Variances may be granted for the temporary use of a one family dwelling as a two family I dwelling. I BE, Procedure: The procedure for granting variances is as follows: 1. Request Por Variance; Pee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by I ordinance1, f. public hearing shall be held by the Plmming Commission as provided in City Code 12 11 8. (}.mendcd Ord. 312, 3 6 07) 2. Planning and Zoning Commission Review: A public hearing shall be held bv the Planning and Zoning Commission as provided in City Code 12-14-8, The Plamling Commission shall make a recommendation to the City Council based upon the provisions of City Code 12-14-7, 2,1. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12-14-7. request if it "",ill be in keeping with the spirit and intent ofthis title and if it finds that strict enforcement oftlis title ',vill cause undue hardships because of circumstances unique to the indi','idual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the tcrms of this title. I 3-4, Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council. I 4~Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health. safety or welfare threat. The City Council shall determine if the request warrants immediate review. I ~Q. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void, (Amended Ord. 8, 10-21-1970) . 1 See subsection 1-7-3H of this code. 12-14-9: .^.PPEAL PROCEDURES BOARD OF ADJUSTMENTS AND APPEALS ESTABLISHED: A Board Of .^ippeals; Planning .^Jld Zoning Commission Serve ;\s: The Planning and Zoning Commission is designated as the Zoning Board of .^.ppeals and Adjustments and shall dctcrmine, in harmony with th0gcncral purpose of this title and the Comprehensi','e Plan, by resolution, all appeals from any order, requirement, permit or decision made by the Zoning Administrator under this title, and from any interprctation ofthe text ofthis title, or any determination by the Zoning .^.dministrator as to the location of the boundary of a zoning district as shown on thc zoning map. A. The Citv Council shall be the Board of Adjustment and Appeals as provided by Minn. Stat. 462.354. subdivision 2. and shall have the powers granted under Minn, Stat. Sections 462.357. Subdivision 6. and Minn Stat. 462,359 subdivision 4. as they may be amended from time to time, B, Appeals Authorized: A propertv owner or aggrieved person may appeal anv order. requirement. permit. decision or interpretation of the text of this title. or any determination as to the location of the boundary of a zoning district as shown on the zoning map. or anv determination by the Zoning Administrator or city emplovee administering zoning. building or related controls. The City Council shall determine. in harmony with the general purposes of this title and the Comprehensive Plan. by resolution. all appeals. B.G. Time For Filing Appeal: At any time within ninety (90) days after the decision of the Zoning f.dminisuator under the provisions of this title subiect to appeal as provided in this section and Minn Stat. 462.359 subdivision 4, except in connection with prosecutions for violations thereof, the applicant or other person or officers ofthe city affected thereby may appeal to the Planning and Zoning Commission City Council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. GD. Hearings: Thc Plar.ning and Zoning Commission, as the Zoning Board of f.ppeals and f.djustments, may conduct such hearings as it may deem advisable and shall prescribe what notice, if any, shall be givcn of such heming. A hearing on the matter may be conducted by the City Council, or be directed to be held by the Planning and Zoning Commission, with a recommendation provided to the City Council. The City Council shall rule on the appeal. D. City Council .^.ction: 1. The Council may review and re'/ise any decision of the Board of Zoning f.ppeals and f.djustments. In reviev/ing such decisions, the Council shall set a date for hearing thereon, not earlier than seven (7) days after nor more than thirty (30) days after the decision is made by the Zoning Bomd of f.ppeals and f.djustments. ;h E, Notice: Notice of the hearing before the Council shall be mailed to all appellants, In all cases involving determination of district boundary lines or interpretation of the text of this title, ten (10) days' published notice of hearing in the official newspaper shall be given, (2003 Code) CITY CODE TITLE 13: PLANNING AND DEVELOPMENT CHAPTER 1: SPLITTING LOTS, PARCELS OR TRACTS OF LAND 13-1-7: VARIANCES: The City Council shall have the pO\ver to 'Iary or modify the application of any prO'/isions in this chapter upon its determination in its absolute lcgislati'/e discretion that such variance or modification is consistent with the letter and intent of the Comprchensi'/e Plan or proposed amendment upon '..vhich this chapter is based, and with the health, safety, and gcncral welfare of the city, Upon recei'/ing any application for such '/ariance or modification (such application shall include the information containcd in Section 13 1 1 of this chapter), the Community Dcvclopment Director shall refer such application to the Planning and Zoning Commission with respect to the effect of the variance or modification upon the Comprehensi'/e Plan or proposed amendmcnt. Such rcport sooll be returned by the Planning and Zoning Commission to the City Council '/;jthin sixty (60) days for City Council action, (Amended Ord, 10, 8 16 1977; amd, 2003 Code) Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12-14-7. except that any variance request shall be made as a part ofthe lot split approval process, 13-1-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable to the city which are in conflict or inconsistent with the provisions herein, All ordinances and provisions therein which are not in conflict with the terms and conditions ofthis chapter shall continue in full force and effect. I B. Variance pro';isions and requirements thereto under Section 11 1 9 of this code do not apply to this chapter. (.^.mended Ord, 10, 8 16 1977) CHAPTER 2: AGRICULTURAL PRESERVATION 13-2-5: VARIANCES: A. Variances Authorized: Where there arc practical difficulties or unnecessary hm'dships in the ,yay of cmTying out the strict letter of the provisions ofthis chapter, an appeal may be made and a T/ariance granted, The hardships or difficultics must ha'/e to do with the characteristics ofthc land and not the property OViller, (Amended Ord. 57, 2 2 1982) Variances to the strict provisions of this chapter may be granted as provided in City Code 12-14-7. B. Procedure: The procedure for granting yariances is as follows: 1. Request For Variance; Fee: /\ person desiring a variance shall fill out and submit to the City Clerk a I request for variance fOlm, together with a fee as set forth by ordinance. All other requcsts shall also I have a fce as set forth by ordinance. (l,mcnded Ord. 57, 22 1982; umd. 2003 Codc) 2. Planning j..nd Zoning Commission Rcport To City Council: a, The application shall be refcrrcd to the Planning and Zoning Commission '//10 shall submit a report to the City Council. b. The petitioner shall appear before the Planning and Zoning Commission in order to answer questions. 3. City Council j,ction: The City Council may grant the T/ariance if it finds that a hardship has been created by the shape or condition ofthe parcel in question, grunting the yariunce is necessary to the reasonable use of the land and granting the T/ariance will not a{bcrsely affcct the existing or potential use of adjacent lund, 4-B. Appeals Authorized: The petitioner, if appealing may appeal an interpretation of this chapter by an employee of the city as provided in City Code 12-14-9" Ifthe appeal is upheld. the petitioner shall not be subject to the required fee, (Amended Ord. 57, 2-2-1982) CHAPTER 4: SHORELAND MANAGEMENT Hi\RDSHIP: }, situation ',vhere property in question cannot be put to a reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his propmiy, not created by the landov:ner; and the yarianee, if granted, will not alter the essential character ofthe locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. PRACTICAL DIFFICULTIES: as used in connection with the granting of a variance. means that the property owner proposes to use the propertv in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner: and the variance. if granted. will not alter the essential character of the localitv. Economic considerations alone do not constitute practical difficulties. Practical difficulties include. but are not limited to. inadequate access to direct sunlight for solar energy systems, CHAPTER 5: BLUFFLAND AND RIVERLAND DEVELOPMENT 13-5-4: DEFINITIONS Hl\RDSHIP: .^.s used in connection with a variunco under this chapter, the propCliy in qucstion cannot bc put to a reasonable use under the conditions allo'Ned by this chapter. Economic considerations alone shall not constitute a hardship if any reasonable use for the propcrty cxists under the tcrms of this chaptcr. PRACTICAL DIFFICULTIES: as used in connection with the granting of a variance. means that the propertv owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance: the plight of the landowner is due to circumstances unique to the property not created by the landowner: and the variance. if granted. will not alter the essential character of the locality, Economic considerations alone do not constitute practical difficulties. Practical difficulties include. but are not limited to. inadequate access to direct sunlight for solar energy systems. V ARlANCE: Any modification or variation of official controls where it is determined that by reason of I exceptional circumstances, the strict enforcement ofthe official controls would cause unnecessary hardship. practical difficulties, I 13-5-9: VARIANCES: The granting of a variance rcquires the presenee of the following conditions: Variances to the strict provisions of this chapter may be granted as provided in City Code 12-14-7 and as follows: I A. The strict enforcement ofthc land use controls '.vill result in unnecessary hardship, :g., A. Granting of the variance is not contrary to the purpose and intent ofthe zoning provisions herein established by these standards and criteria, and is consistent with the Management Plan for the Rum River. C. There are exceptional circumstances unique to the subject property that were not created by the lando'.vners. COrd, 223, 8 19 1997) P-: .6.. Granting ofthe variance "vill not allow any use which is neither a pcrmittcd nor a A variance may not be granted to allow anv use which is not a permitted or conditional use in the Rum River land use district. I :g., C. Granting of the variance will not alter the essential character of the locality as established by the Management Plan for the Rum River. COrd. 223, 8-19-1997; amd. 2003 Code) CHAPTER 6: BUFFER STRIPS AND STANDARDS FOR PROTECTION OF WETLANDS AND STORM WATER PONDS 13-6-7: VARIANCES: A. Request For Variance: Requests for variances from the strict provisions of this chapter shall be I made in accordance with the procedures and requirements set forth in Section 11 1 9 ofthis codc, Citv Code 12-14-7. except that anv variance requests shall be made as a apart of the preliminary plat approval process. or lot split approval process. when applicable. B. Standards For Granting Variance: Variances may only bc granted whcn the standards and criteria sct forth in Scction 11 1 9 of this code ha'.'e been met. Variances shall not be grantcd which would circumvent the intent and purposes of this chapter. COrd. 111, '7 16 1996) CITY CODE TITLE 14: FLOOD CONTROL CHAPTER 1: FLOOD CONTROL REGULATIONS 14-1-4: DEFINITIONS: VARIANCE: A Citv Council granted modification of a specific permitted development standard required in an official control. where authorized bv the City Code, including this chapter, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the pm:pose of alleviating g, hardship, practical difficulty or unique circumstances as defined and elaborated upon in the city's rcspecti'/e planning and zoning enabling legislation. in accordance with the procedures and requircmcnts set forth provisions of ill City Code 12-14-7, 14-1-13: ADMINISTRATION AND ENFORCEMENT OFFICIALS: B. Board Of Adjustment and Appeals: 1. Board Established: The City Council shall be the A Board of Adjustment and Appeals as provided by MiIm. Stat. 462.354. subdivision 2. and shall have the powers granted under Minn, Stat. Sections 462.357. subdivision 6. and 462.359 subdivision 4. as they may be amended from time to time, is hereby established. 2. Rules: The Board of Adjustment shall adopt rules for the conduct of business and may exercise all ofthe powers conferred on such boards by state law, 3. Appeals: The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this chapter. 4. Variances: a. The Board may authorize, upon appeal in specific cases, such variance from the terns of this I chapter, as will not be contrary to the public interest and only for thosc circumstances such as hardship, practieal difficulties or circumstances uniquc to the property under considcration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation that justified the granting ofthe variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. Adopted by the City Council of the City of Andover on this 21 sl day of June, 2011. ATTEST: CITY OF ANDOVER ~ M' helle Hartner, Deputy City Clerk - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 407 SUMMARY AN ORDINANCE AMENDMENT TO THE ANDOVER CITY CODE STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pmsuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of these regulations is to protect the public health, safety and welfare and to amend the City Code to comply with changes in state law concerning variances and the board of adjustments and appeals. 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 ofthis 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 dming regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 21 51 day of June, 2011. ATTEST: CITY OF ANDOVER - ~~cif~ Mi helle Hartner, Deputy City Clerk