HomeMy WebLinkAboutOrd #088-3rd ser/Amending code re: variances SUMMARY ORDINANCE NO. 88 , THIItD SERIES
- CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 78 OF
THE ORONO CITY CODE REGARDING VARIANCES
NOTICE IS HEREBY GIVEN that on June 27, 2011, Ordinance No. 88, Third Series,was
adopted by the City Council of the City of Orono, Minnesota.
NOTICE IS FLTRTHER GIVEN that,because of the lengthy nature of Ordinance
No. 88, Third Series,the following summary of the ordinance has been prepared for publication.
NOTICE IS FiJRTHER GIVEN that the ordinance adopted by the Council amends
Chapter 78 of the Orono City Code. This ordinance amends the standard for the granting of a
zoning variance to comply with the standard for the granting of such variances set forth in
Minnesota Statutes, § 462.357, subdivision 6.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours.
APPROVED for publication by the City Council of the City of Orono, Minnesota, this
27tn day of June, 2011.
CITY OF ORONO
d'�-�• � �1��.fl.�..
Lili Tod McMillan, Mayor
ATTEST:
G���� ,d"_ �/�-�
Linda S. Vee, City Clerk
�.Published in the The Laker& The Pioneer newspapers the week of July 2 , 2011.
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ORDINANCE NO. 88 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING CHAPTER 78 REGARDING VARIANCES
THE CITY COLTNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. The following language has been deleted and added to 5ection 78-121 of the
Orono City Code:
Sec. 78-121. When granted.
The council upon application may grant variances from the strict application of the
provisions of this chapter and impose conditions and safeguards in the variances so granted, in
cases where there are practical difficulties in the way of carrying out the
strict letter of the regulations of this chapter and where the variance does not adversely affect the
purpose and intent of this chapter nor the health or welfare of the public.
SECTION 2. The following language has been deleted and added to Section 78-122 of the
Orono City Code:
Sec. 78-122. References to board.
Before authorization of any variances by the council, the request shall be referred to the
board of appeals and adjustments for study concerning the effect of the proposed variance upon
the comprehensive municipal plan and on the character and development of the neighborhood;
and for its recommendation to the council for the granting of such variance so as to relieve such
practical difficulties e�to the degree considered reasonable without impairing the intent
and purpose of this chapter. The board of appeals and adjustments shall recommend such
conditions related to the variance regarding the location, character and other features of the
proposed building, structure or use as it may deem advisable. The council by unanimous action
may waive reference to the board.
SECTION 3. The following language has been deleted and added to Section 78-123 of the
Orono City Code.
Sec. 78-123. Issuances.
(a) In considering applications for variance, the council shall consider the advice and
recommendation of the board of appeals and adjustments and the effect of the proposed
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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
values of property in the surrounding area. Before granting a variance, the council shall
hear requests for variances from the literal provisions of this chapter in instances where
their strict enforcement would cause ' practical difficulties because of
circumstances unique to the individual property under consideration, and to grant such
variances only when it is demonstrated that such actions will be in keeping with the spirit
and intent of this chapter. The parameters within which a variance may be granted are as
follows:
(1) The property owner in question nronoses to use the nronertv in a reasonable
manner. however.the nronosed use is not nermitted^��-��*'���•�**� � r�������,�
�'�'•��'' • „�'�~� ~a�+��~� �"��•��a by the official controls.
(2) The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
(3) The variance, if granted, will not alter the essential character of the locality.
(4) Economic considerations alone�do not constitute
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difficulties.
(5) ' Practical difficulties also include�but�sare not limited to
inadequate access to direct sunlight for solar energy systems. Variances shall be
granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd.
2,when in harmony with this chapter.
(6) The board or the council may not permit as a variance any use that is not
permitted under this chapter for property in the zone where the affected person's
land is located.
(7) The board or council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
(8) The special conditions applying to the structure or land in question are peculiar to
such property or immediately adjoining property.
(9) The conditions do not apply generally to other land or structures in the district in
which the land is located.
(10) The granting of the application is necessary for the preservation and enjoyment of
a substantial property right of the applicant.
(11) The granting of the proposed variance will not in any way impair health, safety,
comfort or morals, or in any other respect be contrary to the intent of this chapter.
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(12) The granting of such variance will not merely serve as a convenience to the
applicant,but is necessary to alleviate demonstrable ifficulty.
(b) The board or council may impose conditions in granting of variances�
. Anv conditions imnosed
must be directiv related to and must bear a rough nronortionalitv to the imnact created bv
the variance. No variance shall be granted or changed beyond the use permitted in this
chapter in the district where such land is located.
SECTION 4. The following language has been deleted and added to Section 78-1111(23)of the
Orono City Code.
(23) Variance means a modification of a specific permitted development standard
required in an official control including this article to allow an alternative
development standard not stated as acceptable in the official control,but only as
applied to a particular property for the purpose of alleviating a�#�-practical
difficulty as defined and elaborated upon in a
community's respective planning and zoning enabling legislation.
SECTION 5. The following language has been deleted and added to Section 78-1134 of the
Orono City Code.
Sec. 78-1134. Appeals and variances/duties of the city council.
(a) Rules. The city council shall adopt rules for the conduct of business and may
exercise all of the powers conferred on such bodies by state law.
(b) Administrative review. The city council 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 article.
(c) Yariances. The city council may authorize upon appeal in specific cases such
relief or variance from the terms of this article as will not be contrary to the public
interest and only�Y*'���� � m�*�-���� � �'� ���a�s�when practical
difficulties exist ' , 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 city council
shall clearly identify in writing the specific conditions that existed consistent with
the criteria specified in this article, any other zoning regulations in the
community, and in the respective enabling legislation that justified the granting of
the 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. The following additional variance criteria
of the Federal Emergency Management Agency must be satisfied:
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1. Variances shall not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base flood
discharge would result.
2. Variances shall only be issued by a community upon(i) a showing of good
and sufficient cause, (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and(iii) a
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
3. Variances shall only be issued upon a determination that the variance is
tYre minimuxn necessary, considering the flood hazard, to afford relief.
(d) Hearings. Upon filing with the city council of an appeal from a decision of the
planning director, or an application for a variance, the city council shall fix a
reasonable time for a hearing and give due notice to the parties in interest as
specified by law. The city council shall submit by mail to the commissioner of
natural resources a copy of the application for proposed variances sufficiently in
advance so that the commissioner will receive at least ten days notice of the
hearing.
(e) Decisions. The city council shall arrive at a decision on such appeal or variance
within 60 days. In passing upon an appeal, the city council may, so long as such
action is in conformity with the provisions of this article, reverse or affirm,
wholly or in part, or modify the order, requirement, decision or determination of
the planning director or other public official. It shall make its decision in writing
setting forth the findings of fact and the reasons for its decisions. In granting a
variance the city council may prescribe appropriate conditions and safeguards
such as those specified in section 78-1135(6), which are in conformity with the
purposes of this article. Violations of such conditions and safeguards,when made
a part of the terms under which the variance is granted, shall be deemed a
violation of this article punishable under section 78-1138. A copy of all decisions
granting variances shall be forwarded by mail to the commissioner of natural
resources within ten days of such action.
(fl Appeals. Appeals from any decision of the city council may be made, and as
specified in this community's official controls and also by Minnesota Statutes.
(g) Flood insurance notice and record keeping. The planning director shall notify the
applicant for a variance that: 1) The issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25.00 for$100.00 of insurance coverage and
2) 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
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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.
SECTION 6. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this 27th day of June, 2011 by the Orono City Council.
CITY OF ORONO
�.
Lili McMillan, Mayor
ATTEST:
G���n��d- (1�C�
Linda S. Vee, City Clerk
Summary Ordinance published in the The Laker& The Pioneer newspapers the week of
.Tuly 2 , 2011.
157769v1 5