06-20-2011 Planning Commission Packet

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,� 7 To: Chair Schoenzeit and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planning&Zoning Coordinator h/IG IV` Date: 13 June 2011 Subject: #11-3512—Amend City Code Section 78-43 Public Hearing Application Summary: The City is proposing text amendments to City Code Sections 78-100;78- 121 through 78-123; 78-1111; and 78-1134 regarding hardship analysis for variances from the Zoning Code requirements. � Staff Recommendation: Planning Department Staff recommends approval of the proposed amendments. . Pertinent Zoning Ordinance Sections Sec. 78-100. Subdivisions. Sec. 78-121. When granted. Sec. 78-122. References to board. Sec. 78-123. Issuances. Sec. 78-1111. Definitions. Sec. 78-1134.Appeals and variances/duties of the city council. � List of Exhibits ExhibitA. DraftOrdinance Exhibit B. Draft Summary Ordinance Exhibit C. Existing Code Sections Exhibit D. M N §462.357 subd 6—revised May 2011 ' Summary Currently, Orono City Code requires demonstration of a particular or undue hardship when making a request for a variance from City zoning code requirements. The statutory language was recently revised to reflect demonstration of a practical difficulty when granting a zoning code variance. The revision of the statute results in inconsistencies between our Code and the requirements in MN State Statute Chapter 462. The City Attorney has proposed revised language which is consistent with State Statute. The revised language proposes to change undue hardship references to practical difficulty in order to maintain consistency between State Statute and Orono's zoning codes. Issues for Consideration Does the Planning Commission have any concerns with the ordinance amendment? Staff Recommendation Planning Staff recommends approval of the language as proposed.