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HomeMy WebLinkAbout2409-12 - ADMIN Ordinance - City Council - 2012/01/03ORDINANCE NO. 2409-12 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4 DEFINITIONS AND 36-33(d) VARIANCES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 11-15-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4 and 36-33(d) are hereby amended by deleting stricken language and adding underscored language Section breaks are represented by ***. Section 36-4. Definitions. *** Variance means a modification or variation of the provisions of this zoning code as applied to a specific piece of property. *** Section 36-33. Application and review process for conditional use permits and variances. * * * granted in cases where by reason of -narrowness, shallevaiess, shape of a lot, exceptional a. An application form. b. The fee payment. Ordinance No. 2409-12 -2- of the heanng. (Ord. No. 2276 04, 8 11 01) 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by letlesated Ordinance No. 2409-12 -3- caF t., nd c nif rt of the a result, granting of a variance will not result in Increased -flood heights, additional ordinances: the applicant for a variance- that: 1) The issuance of a variance to construct a Ordinance No. 2409-12 -4- (8) Limitations. No application for a vananco shall bo acceptcd, and no variance shall be (d) Variances; The board of zoning appeals may grant vanances from the strict application of the provisions of the zoning ordinance in accordance with state law. (1) Variances are not permitted for: (a) Any land use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. (b) Floor elevations lower than the flood protection elevation in the floodplain district. (2) The board of zoning appeals may grant a variance from the stnct application of the provisions of this chapter upon consideration of the effect of the proposed variance upon the health, safety and welfare of the community. Variances shall only be permitted: Ordinance No. 2409-12 - 5 - (a) When they are in harmony with the general purposes and intent of the ordinance and, (b) When the vanances are consistent with the comprehensive plan. (3) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that: (a) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; and, (b) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and, (c) The variance, if granted, will not alter the essential character of the locality; and, (d) Economic considerations alone do not constitute practical difficulties. Practical difficulties include inadequate access to direct sunlight for solar energy systems. (4) The board shall consider all the following criteria when evaluating a variance request: (a) Circumstances unique to the property include the shape, topography, water conditions, or other physical conditions unique to the property; and, (b) The granting of the vanance is necessary for the preservation and enjoyment of a substantial property nght of the applicant; and, (c) The granting of the vanance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety; and, (d) The granting of the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a practical difficulty. (5) The board may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (6) Vanances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance. (7) Variances involving a floodway, flood fringe and floodplain. If the application for a variance involves property within a floodway, flood fringe and floodplain district, then a copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. In determining whether the property owner is proposing to use the property in a reasonable manner, the following additional variance cntena of the Federal Emergency Management Agency must also be satisfied. (a) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels dunng the base flood discharge would result (b) Vanances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the vanance would result in exceptional hardship to the applicant, and (»i) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create Ordinance No. 2409-12 - 6 - nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief (d) No vanance shall allow a lower degree of flood protection than the Regulatory Flood Protection Elevation (e) Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: (i) The issuance of a vanance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) Such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program (8) Process. A request for a variance shall be considered by the board of zoning appeals The board of zoning appeals shall consider the stnct application of the provisions of this chapter and the requirements of all applicable state law. The city council will act as the board of zoning appeals for variance requests made in conjunction with a conditional use permit, PUD application, or subdivision. The planning commission shall hold the public hearing on the variance request, review the variance request along with the conditional use permit, PUD application, or subdivision process, and report its findings and recommendations to the city council. (a) Applications. All applications for vanances shall be initiated by, or with the written consent of, the owners of the property A complete application shall consist of: a. An application and fee payment. b. A written explanation of the request addressing the variance cnteria in sections (b), (c) and (d) above. c. A survey of the property showing all property lines, existing and proposed structures and easements. d A dimensioned plan showing the floor plan and elevations for all existing and proposed structures. e. A map or plat showing the lands proposed for variance and all lands within 350 feet of the boundanes of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records. f. Any other materials required by the city. (b) Notice. After receipt of a complete application, the city shall set a date for a public hearing before the board of zoning appeals for any variance request within 45 days after the application for a variance is received by the city. The Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances(s) occurring within a floodway, flood fringe or floodplain district sufficiently in advance so that the Commissioner will receive at least ten days notice of the heanng. (Ord. No. 2276-04, 8-14-04) (c) Heanngs. The public hearing shall be held only after the required notice has been given. The board of zoning appeals shall hear arguments at the heanng for and against the proposed vanance and it may continue that heanng from ;./ ,,j,, r -1,-- • • Ordinance No. 2409-12 - 7 - time to time if a continued hearing is reasonably required. Final vote on the proposed vanance shall be taken within 30 days after the public hearing is closed (d) Appeal to the city council. Any owner of affected property or any owner of property situated wholly or partly within 350 feet of the affected property may appeal the decision of the board of zoning appeals to the city council. The appeal must be in writing and must be filed with the city clerk within ten calendar days after the date of the board of zoning appeals' decision. The required fee shall be paid to the city treasurer when the appeal request is filed. When an appeal is received by the city, the applicant will be notified of the date and time the city council will hear the appeal No appeal will be heard until the city has notified all property owners within 350 feet of the subject property of the date scheduled for the appeal hearing. If no appeal is made within the ten-day penod, the decision of the board of zoning appeals shall be final. If an appeal is taken from the decision of the board of zoning appeals, the city council shall hear the appeal within 30 days of the filing of the appeal unless that period is extended with consent of the appellant The city council may reverse a decision of the board of zoning appeals by an affirmative vote of the majonty of its full membership. The city council shall render a decision within 30 days concluding the appeal heanng. A decision of the board of zoning appeals shall not become effective until the end of the appeal penod has expired. If an appeal is filed before the end of the appeal penod the decision of the board of zoning appeals shall not become effective until the city council has rendered a decision on the appeal. Sec. 3. The contents of Planning Case File 11-15-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Revie Public Hearing November 16, 2011 First Reading December 19, 2011 Second Reading January 3, 2012 Date of Publication January 12, 2012 Date Ordinance takes effect January 27, 2012 dministration by • ity Council January 3, 2012 City Attest: May Aprj ed . to Form and Exe •tion: Ci' Attorney www.MinnLocal.com MEDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louts Park Sun -Sailor and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 12 day of January 2012, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2012, and printed below is a copy of the lower case alpha- bet 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. abcde imnopgrstuvwxyz City of St. Louis Park (Official Publication) SUMMARY PUBLICATION ORDINANCE NO 2409-12 This ordinance amends Sections 36-4 Definitions and 36-33(d) Variances to make this section of the ordinance con- sistent with new state law This ordinance shall take effect 15 days after publication Adopted by the City Council January 3, 2012 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance Is available for Inspection with the City Clerk Published in St Louis Park Sailor Janu- ary 12, 2012 (Jan 12,2012) A3-Ord2409-12 BY: CFO Subscribed and sworn to or affirmed before me on this 12 day of January , 2012 4:„L Notary Public DIANE L ELIASON �t 1101 Al,Y i'Ultl IC rILJNCSOTl1 f ly CuUlm Ix�n1o, 1111 11 >015 4104-