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HomeMy WebLinkAbout1789-89 - ADMIN Ordinance - City Council - 1989/05/15ORDINANCE NO. 1789-89 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO VARIANCES AMENDING SECTIONS 14-210 through 14-222 THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. The St. Louis Park Municipal Code Sections 14-210 through 14- 222 shall be amended to read as attached. ea I0I PROVISIONS Special Permits, Variances, Site Plan Approval Section 14-210. The following sections 14-210.1 to 14-210.12 shall apply to all special permits, variances and site plan approvals: Section 14-210.1. Hearings. No special permit, or site plan approval shall be adopted until a public hearing has been held thereon by the City Council. No variance approval shall be adopted until a public hearing has been held by the Hoard of Zoning Appeals (HOZA). A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice shall be mailed at least ten days before the date of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the special permit, variance or site plan approval relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings provided a bona fide attempt to comply with this section has been made. Section 14-210.2. Conditions and Modifications. The City Council may impose reasonable conditions in any special permit, or site plan approval and may, at any time, modify the conditions of an existing special permit, or site plan approval as changing circumstances warrant. No Such modifications may be made until a public hearing has been held by the City Council pursuant to the procedure outlined in Section 14-210.1 except minor modifications having little or no impact on neighboring property, and the general public shall require only notice to the holder and the approval of the City Council. The Hoard of Zoning Appeals may impose reasonable conditions in any variance approval and may, at any time, modify the conditions of a variance approval as changing circumstances warrant. No such modifications may be made until a public hearing has been held by HOZA pursuant to the procedure outlined in Section 14-210.1. Section 14-210.3. Filing. A certified copy of the resolution approving a special permit, variance, site plan approval or modification thereof, including the legal description of the property at issue, shall be filed with the Hennepin County Recorder or Hennepin county Registrar of Titles. Section 14-210.4. Abandonment, Revocation and Cancellation of Special Permit, Variance or Site Plan Approval). Any variance, special permit or site plan approval duly granted by the City is hereby deemed to be abandoned , revoked and cancelled by the applicant, owner or their grantees, heirs and representatives, or their successors and assigns, hereinafter called the Holder under the conditions hereinafter set forth. (a) If the Zoning Administrator determines that any holder of an existing special permit, variance or site plan approval has violated any of the conditions or requirements contained therein, applicable laws or ordinances, he shall notify the holder in writing of the violation. Deposit in the U.S. Mail, addressed to the address of the applicant stated on the original application, shall constitute service of the notice. In addition, notice shall be personally served upon the occupant of the premises which is the subject of the special permit, variance or site plan approval, but if no occupant can be ascertained or found, notice shall be posted upon such premises. Service shall be effective as of the date of mailing, personal service or posting, which occurs last. (b) The notice shall specify that after the expiration of ten days from the date of service, the special permit, variance or site plan approval shall be terminated by operation of law without further action or proceeding unless the holder of the special permit or site plan requests in writing a hearing before the City Oauicil or the holder of the varianoe requests in writing a hearing before BOZA. (c) In the event a hearing is requested by the holder of an existing special permit or site plan, the City Manager shall set a time for such a hearing not less than ten days and not more than 20 days after the request, at which time relevant information regarding the alleged violation shall be presented to the City Council. After receiving such information, the City Council may revoke, suspend or impose further conditions on the special permit or site plan approval. (d) In the event a hearing is requested by the holder of an existing variance, the Planning Director shall set a time for such a hearing not less than ten days and not more than 20 days after the request, at which time relevant information regarding the alleged violation shall be presented to BOZA. After receiving such information, BOZA may revoke, suspend or impose further conditions on the variance approval. (e) In the case of a violation which is an immediate threat to health and safety, the time periods provided in Section 14-210.4 may be reduced by the Zoning Administrator or City Manager, as the case may be, where necessary to protect public safety, health or welfare. Section 14-210.8. Extension of Time. The City Council may grant one or more 90 -day extensions of time under Sections 14-210.5, 14-210.6 and 14-210.10 beyond the termination date for any special permit or site plan approval. BOZA may grant such an extension or extensions for any variance approval. The fee for such extensions shall be $75.00 for each request for extension of time, provided however, that at the time of granting such extension the City Council or BOZA may waive such fee and direct the return of a part or all thereof to the applicant if the City has not incurred additional expense by reason thereof. Said request for extension of time oust be filed with the City Manager before the termination date of said special permit, variance or site plan approvalor extensions thereof, but such request shall not be filed more than 21 days before said termination date or the termination date in an extension thereof. Section 14-210.9. Abandonment of E cisting Special Permits, Variances and Site Plan Approvals. The period of one year for the purposes of computing time of abandonment and cancellation of special permits, variances and site plan approvals shall commence with the date of the adoption of the resolution granting the same. Section 14.210.10. Abandonment if Conditions Not Met or Use Discontinued. Any special permit, site plan approval or variance duly granted by the City is hereby deemed to be abandoned, revoked and cancelled by the holder if all conditions included in the granting of the special permit or site plan approval are not net within a specified time which shall be set by the City Council, or if all conditions included in the granting of the variance are not met within a specified time which shall be set by BOZA, or if the approved use is discontinued for a period of more than two years. If an extension is requested by the owner of the property on which said special permit has been discontinued prior to the end of said two years, the City Council may consider or approve, by resolution, such requested extension if the City Council finds the use to be acceptable and sufficient reason exists to grant an extension; however, such extension shall not be granted which would allow the discontinued use to extend more than an additional three years beyond the original two years. Section 14-210.11. Denial; Appeal of Variance Decision. Special permits arra site plan approvals may be denied by resolution of the City Cancil and such resolution shall constitute a finding and determination by the City Council that the conditions required for approval do not exist. Variance approvals may be denied by resolution of BOZA and such resolution shall constitute a finding and determination by BMA that the conditions required for approval do not exist. Any person aggrieved by a decision of BOZA may appeal the decision to the City Council in accordance with the procedures set forth under Section 14-221 of this ordinance. The appeal must be submitted in writing to the Planning Director within ten (10) calendar days after the date of said decision. Section 14-210.12. Duration and Enforcement. Special . permits, variances and site plan approvals shall remain in effect as long as the conditions agreed upon therein are observed and maintained. Any person responsible for observing and maintaining those conditions who fails to do so shall be guilty of a misdemeanor. VARIANCE Section 14-219. General. The Board of Zoning Appeals ((BOZA) may grant variances from the strict application of the provisions of this ordinance and impose conditions and safeguards in the variances so granted, in cases where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographic or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Applications for variances shall be filed with the Director of Planning and shall state the exceptional conditions of the lot and the peculiar and practical difficulties claimed as a basis for a variance. (1) Applications. All applications for variances shall be initiated by the petition of the owner or owners of the property, shall be acccempanied by a map or plat showing the lands proposed for variance and all lands within 350 feet of the boundaries of the property proposed for variance, together with the names and addresses of the owners of the lands in such area as the same appear on the records of the County Auditor of Hennepin County. Section 14-220. Procedure. Before authorization of any variances, the request therefor shall be considered by the Board of Zoning Appeals. Consideration by BOZA in making its decision shall include the strict application of the provisions of the ordinance and in accordance with State statutes. Section 14-220.1 Consideration by the Planning Conmiission. Before BOZA issues any variance, the Planning Commission or a representative authorized by the Planning Coamnission shall review the variance request and report to BOZA regarding the same. If no report is transmitted to BOZA within sixty (60) days after referral of the variance request to the Planning Commission or its authorized representative, BOZA may take action without receiving such report. Section 14-220.2 Notice. BOZA, upon receiving the report of the Planning Commission or its authorized representative respecting any proposed variance, or after sixty (60) days from the submission thereof to the Planning Commission or its authorized representative without a report shall set a date for a public hearing before the Board of Zoning Appeals. The public hearing shall be held only after proper notice has been given in accordance with Section 14-210.1 of the City Ordinance Code. Section 14-220.3 Hearings. At the time set for the hearing, the Board of Zoning Appeals shall hear arguments for and against said proposed variance and may continue said hearing from time to time as may be reasonably required. Final vote on the proposed variance shall be taken within 30 days after closing of the public hearing. Section 14-220.4 Issuance. In considering applications for variance under this ordinance, the Board of Zoning Appeals shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on the character arra development of the neighborhood and the values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. If the Board of Zoning Appeals shall determine by resolution that the special conditions applying to the structure or lard in question are peculiar to such property or immediately adjoining property, and do not apply generally to other land or structures in the district in which said lard is located, arra that the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant and that granting the proposed variance will not impair an adequate supply of light arra air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comfort, morals or in any other respect be contrary to the intent of this ordinance and the Comprehensive Plan, and that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable undue hardship or difficulty, BOZA may grant such variance and rose conditions and safeguards therein to insure compliance aryl to protect adjacent properties. A variance shall not be granted in the F-2 District to permit a structure to be placed at an elevation lower than the flood protection elevation. Section 14-221. Appeal to the City Council. Any person aggrieved by a decision of BOZA may appeal the decision to the City Council. The appeal must be submitted in writing to the Planning Director within ten (10) calendar days after the date of said decision, along with the fee required by Section 14-222. When an appeal is received by City, the applicant will be notified of the appeal and informed as to the date and time of the City Council meeting at which the appeal will be heard. If no appeal is submitted within said ten (10) day period, the decision of BOZA shall be final. The City Council shall hear the appeal within thirty (30) days of submission unless that period is extended with consent of the appellant. The City Council may reverse a decision of BOZA by an affirmative vote of the majority of its full membership. The City Council shall render a decision within thirty (30) days of concluding the appeal hearing. A decision of BOZA shall not become effective until the end of the appeal period as stipulated in Section 14-221. If an appeal is filed prior to the end of the appeal period the decision of BOZA shall not become effective until the City Council shall have rendered a decision an the appeal. Section 14-222. Fees. No application for a variance from the provisions of this Code, as amended, shall be filed until the applicant shall have paid to the City Treasurer the sum of $150, except for properties that are one -family detached dwellings which shall pay the sum of $100. No appeal of a decision shall be heard until the appellant, shall have paid to the City Treasurer the sum of $50, provided, however, that said appeal fee shall be waived if the appellant is the person who applied for the variance. 1 Effective date: This ordinance shall take effect 15 days following its publication. Adopted May 15, 1989 by the City Council 1.1 /L Mayo Attest: 44g la-wr- Reviewed for Administration: Approved as to form and execution: ( . 0061)k City Manager City P orney. Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION 411 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss Gregory Pt a c i n , being duly sworn on an oath says that heist' City Of St. Louis Pelt (Official Publication) ORDINANCE NO. 1789-89 ORDINANCE AMENDING THE GENERAL PROVISIONS OE SPECIAL PERMITS, VARIANCES, SITE.PLAN APPROVAL AND VARIANCE SECTION Summary The St- Was Park Municipal Code has been amended to reflect the powers granted to the Board of Zoning s for decision mak- mg subject to the a any aggneved party before the Cita Council `City Council may overturn a variance approval or denial by a ma- ionty vote. Adopted by the City Council May 15, 1989 s/s LYLE A. HANKS Mayor (May 22, 1989) - SLP the publisher or authorized agent and employee of the publisher of the newspaper known as S t . Louis Park Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B)The printed Ordinance No. 1789-89 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for _me_ e successive weeks, it was first published on Monday , the 22 day M a Y , 19 89 , and was thereafter printed and published on every to • and including , the day of 19.; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice °C;. abcdefghi kimnopgrstuvwxyz BY. TITLE Acknowledged before me on this 2 day of June 19 89 • 16 „1 MERIDEL M HEDRLOM NOTAL Pitei IC—A4NNESOTA HENNEPIN COUNTY ►rV C01451ISStON EXPIRES 7-2.92 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 74era Manager $ 100 per line (Line, word, or inch rate) $ 54 4$ per line (Line, word, or inch rate) $ 49.7• per line (Line, word, or inch rate)