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HomeMy WebLinkAbout2011-09-07 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/7/11 Community Development ORIGINATING DEPARTMENT John McCool STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider approving a zoning ordinance amendment relative to variances so the City Code is consistent with State Statutes. 2. Consider authorizing the publication of the ordinance amendment relative to variances by title and summary. STAFF RECOMMENDATION 1. Approve the zoning ordinance amendment relative to variances. 2. Adopt the resolution authorizing publication of the ordinance amendment by title and summary. ADVISORY COMMISSION ACTION DATE ® PLANNING 8/22/11 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 8/31/11 ® RESOLUTION: Draft - Ordinance Summary ❑ ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes of the 8/22/11 Planning Commission meeting ADMINISTRATOR'S COMMENTS 6 City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John McCool dated 8/31/11 ® RESOLUTION: Draft - Ordinance Summary ❑ ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes of the 8/22/11 Planning Commission meeting ADMINISTRATOR'S COMMENTS 6 City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE J MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: August 31, 2011 RE: Proposed Zoning Ordinance Amendment —Variances *;•. Amend City Code Title 11 -2 -7; Variances, for purposes of providing consistent statutory language between Minnesota Statute Chapter 462 and the variance section of the City's Zoning Ordinance. • • The Planning Commission discussed state and local variance regulations at their May and July 2011 regular meetings. A public hearing to amend the Zoning Ordinance was held at their meeting on August 22, 2011. No written or oral testimony was received. The Commission unanimously (8 -to -0 vote) recommended approval of the proposed variance ordinance amend- ment. A copy of the ordinance amendment as recommended by the Planning Commission and an excerpt from the Planning Commission's unapproved minutes are attached. On May 6, 2011, Governor Dayton signed a new law amending Minn. Statutes Section 462.357, subdivision 6, to restore municipal variance authority. The new law rebrands the municipal va- riance standard from "undue hardship" to "practical difficulties" and continues to retain the familiar three factor test of (1) reasonableness; (2) uniqueness; and (3) essential character. The new law also includes a statement that "variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan." This new statute was in response to the Minnesota Supreme Court opinion on Krummenacher v. City of Minnetonka issued on June 24, 2010. In the Krummenacher case, the Minnesota Supreme Court narrowly interpreted the statutory definition of "undue hardship" and held that the "reasonable use" prong of the "undue hardship" test is not whether the proposed use is rea- sonable, but whether there is a reasonable use in the absence of the variance. Based on this ruling, variance applications significantly decreased and the approval rate for variances during that time also decreased. Having recognized the difficulty in approving any variance to official controls in the State of Minnesota, the Legislature introduced a bill that rebranded the variance standard from "undue hardship" to "practical difficulties." Honorable Mayor, City Council, and Ryan Schroeder Zoning Ordinance Amendment — Variances August 31, 2011 Page 2 of 2 Discussion The proposed amendment to the Zoning Ordinance will allow variances to be reviewed by the City based on standards set forth in the new State law. So in evaluating variance requests under the new law, the City should consider adopting findings that address the following questions: • Is the variance in harmony with the purposes and intent of the ordinance? ® Is the variance consistent with the comprehensive plan? ® Does the proposal put property to use in a reasonable manner? Are there unique circumstances to the property not created by the landowner? ® Will the variance, if granted, alter the essential character of the locality? This criterion has been incorporated into the attached ordinance amendment for your con- sideration. Recommendation 1. That the City Council amend Title 11, Chapter 2, Subdivision 7; Variances of the City's Zoning Ordinance as recommended by the Planning Commission; and 2. Adopt a resolution authorizing the publication of this Zoning Ordinance amendment by title and summary. 1 ORDINANCE NO. XXX 2 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA 4 AMENDING CITY CODE TITLE 11, CHAPTER 2, SECTION 7; VARIANCES 5 6 7 SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of 8 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 2, 9 Variances, Section 7, Variances is amended and shall read as follows: 10 11 11 -2 -7: VARIANCES: 12 13 A. Authority And Purpose: The council may grant variances from the strict application of the 14 provisions of this title and impose conditions and safeguards in the variances so granted in 15 cases where there are practical difficulties or particular hardships in the way of carrying out 16 the strict letter of the regulations of this title. 17 18 B. Application For Variance: An application for a variance shall be filed with the 4irester-ef 19 City and shall state the exceptional conditions and the peculiar 20 and practical difficulties claimed as a basis for a variance. The information necessary for 21 variances shall be: 22 23 1. I I - ation map, shewing the location ef the proposed site iR relatlon 24 25 prep s &. 26 2-. A scaled plot plan, with north indicated, of the proposed site, showing all dimensions as 27 contained in the description indicated in the application and all the structure( setback 28 details. 29 30 31 C. Public Hearing Notice Requirements: The planning GOMMiS CAity shall hold at least one 32 public hearing, affording an opportunity for all parties interested to be heard, and shall give 33 not less than ten (10) days' nor more than thirty (30) days' notice of the time and place of 34 such hearing, published in the designated legal newspaper for the city. Such notice shall 35 also contain a description of the land and the requested variance. At least ten (10) days 36 before the hearing, the planniRg commissien shall mail an identical notice shall be mailed to 37 the owner and to each of the property owners of record within a minimum distance of five 38 hundred feet (500') of the outside boundaries of the land in question. Failure of the planning 39 GO„,miGGOGr. City to mail the notice or failure of the property owners to receive the notice 40 shall not invalidate the proceedings. 41 42 D. Consideration By Planning Commission; Recommendation: Before authorization of any 43 variances, the request therefor shall be referred to the Planning Commission fonstudy 44 ' upon the GGMprehensive plaR and an the 45 and for its recommendation to the City 46 Council for the granting of such variance from the strict application of the provisions of this 47 title so as to relieve such pM tical difficulties or hardship to the degree considered Ordinance No. XXX Page 2 of 3 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 reasonable without impairing the intent and purpose of this title and the comprehensive plan. The Planning Commission 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 Planning Commission shall make its recommendation within sixty (60) days after the request is referred to it, unless the applicant requests, in writing, that an extension of time for review be granted by the Planning Commission. The Planning Commission may recommend a variance from the strict application of the provision of this ordinance, if they find that: 1) 2) 3) 4) 5) 6) 7) located. E. Consideration By Council; Issuance: In considering applications for variances under this Title, the Council shall consider the advice and recommendations of the Planning Commission. and the effect of the prepe-sed variance UPGR the alety and welfare of the danger of fire; r to they; t he — fF...,* on y lees of tea., OR th SUFF ,,, iRg aF ; and the of €eet If the Council shall determine that the special conditions applying to the structure or land 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 such land is located, that the granting of the application is necessary for the applicant and that granting 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 Title 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 #ardshT -sr radical difficulty, the Council may grant such variances and impose conditions and safeguards therein. F. Denial Of Variances: Variances may be denied by motion of the Council, and such motion shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission or Council. Ordinance No. XXX Page 3 of 3 G. Action Without Recommendation Of Planning Commission: If no recommendation is transmitted by the Planning Commission within sixty (60) days after referral of the application for variance to the Planning Commission, the Council may take action without further awaiting such recommendation, unless the applicant requests in writing that an extension of time be granted. H. Termination, Invalidity Of Variance: A violation of any condition set forth in granting a variance shall be a violation of this Title and shall automatically terminate the variance. A variance shall become invalid one year after it was granted, unless made use of within the year or such longer period prescribed by the Council. ( 1 9" GG- " 'IQ "` SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Passed this day of 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2011 -XXX RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. XXX BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, which amends City Code Title11 -2 -7, Variances; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance amends City Code Title 11 -2 -7, Variances, to allow variances to be reviewed by the City based on standards set forth in the new State law that was adopted during the 2011 Legislative Session. The entire text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the Public Notice Bulletin Board at City Hall, 7516 — 80th Street South. Passed this 7th day of September 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON AUGUST 22, 2011 6.2 Variance Ordinance Amendment — Case TA11 -019 The City of Cottage Grove has applied for a text amendment to the City's Zoning Ordinance relative to variances so the City Code is consistent with State Statutes. McCool summarized the staff report and recommended approval of the ordinance amendment. Treber opened the public hearing. No one spoke. Messick closed the public hearing. Messick made a motion to approve the text amendment relative to variances. Poncin seconded. Motion passed unanimously (8 -to -0 vote).