2007-07
BILL NO. 2007-7
AN ORDINANCE RELATING TO VARIANCES; AMENDING SUBSECTIONS 546.03
AND 546.09 OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 546.03, Subdivision 4 of the Richfield City Code is amended
to read as follows:
Subd. 4. Powers. The Board shall have the following powers:
a) to hear and decide appeals where it is alleged that there is an error in any
order, requirement, decision, or determination made by the Director in the
interpretation or enforcement of this code;
b) to hear and decide variances to the literal provisions of this code upon the
expiration /of authority of the Committee of Hearing Examiners established by
Section 546.09 of this code;
c) to hear and decide variances to the literal provisions of this code when said
variances are processed in coniunction with another plannina andzonina
application that requires the approval of the City Council;
stQl to hear and decide appeals of any decision made final by the Planning
Commission or by a Hearing Examiner.
Sec. 2. Subsection 546.09, Subdivision 4 of the Richfield City Code is amended to
read as follows:
Subd. 4. Public hearing. Upon receipt of a completed application, the Director shall
assign the application to one Hearing Examiner and a date shall be set for a public
hearing before the Hearing Examiner. If the variance requires some other approval
by the City Council in coniunction with another plannina and zonina application, the
Director shall assign the application to the Board of Adiustment and Appeals for
consideration in coniunction with the other requests and a date shall be set for a
public hearina before the Board. Not less than 10 days prior to the public hearing,
notice shall be published once in the official newspaper and sent by mail to all the
owners of property located wholly or partially within 350 feet.
Sec. 3. Subsection 546.09, Subdivision 5 of the Richfield City Code is amended to
read as follows:
Subd. 5. Decision. Not less th:m 60 days after receipt of a completed application,
Within the time period required by state law, the Hearing Examiner or Board shall
render a written decision regarding the application. unless written notice of an
extension is provided to the applicant. The notification must state the reasons f-or
tho extension and its anticipated length, which may not exceed 60 days unless
approved by the applicant. If the Hearing Examiner fails to make a timely decision,
the variance shall be deemed to h::r.'e been approved. The decision shall be
supported by findings specifically related to the applicable criteria contained in this
code. The decision shall be mailed to all parties of record and filed with the City
Clerk. The Hearing Examiner's decision shall be final, subject to appeal to the
Board. A decision of the Board shall be final. The Hearing Examiner or the Board
may impose conditions in granting variances to effect the intent of this code and to
protect adjacent properties.
Sec. 4. Subsection 546.09, Subdivision 6 of the Richfield City Code is amended to
read as follows:
Subd. 6. Staff report. The Director shall provide a written report to the Hearing
Examiner or the Board outlining the proposal and enumerating the various reasons
for a recommendation to either approve or deny the variance request. The written
report shall be filed with the Hearing Examiner or the Board at least 72 hours prior
to the date of the hearing. Copies of the report shall be made available to the
applicant, and shall be furnished to others upon request.
Sec. 5. Subsection 546.09, Subdivision 7 of the Richfield City Code is amended to
read as follows:
Subd. 7. Powers of Hearing Examiner and the Board. A Hearing Examiner or the
Board may call witnesses, subpoena relevant reports, and accept any evidence and
testimony, which in the judgment of the Hearing Examiner or the Board is relevant
to the issues being heard. Those in attendance at the public hearing shall have the
right to present testimony and evidence. The Hearing Examiner or the Board may
impose limitations on the number of witnesses and on the nature and length of
testimony.
Sec. 6. Subsection 546.09, Subdivision 9 of the Richfield City Code is amended to
read as follows:
Subd. 9. Appeals. Any person aggrieved by the decision of the Hearing Examiner
may appeal such decision if a written notice of appeal is submitted to the Director
within ten days of the date of the decision. The notice of appeal shall be addressed
to the attention of the Board of Adjustments and Appeals. A decision of the Board
is subiect to iudicial review as provided bv law.
Sec. 7. Subsection 546.09, Subdivision 10 of the Richfield City Code is amended to
read as follows:
Subd. 10. Rehearing. Any applicant may within seven days of the date of filing of
the Hearing Examiner:s or the Board's decision, apply for a rehearing of a variance
request denied by the Hearing Examiner or the Board if significant new factual
evidence relevant to the case not available to the applicant in the original hearing
can be presented. The request for a rehearing shall state the nature of the new
evidence and why it was not previously available. If an application for rehearing is
timely made, the time to appeal will be extended until the decision on granting or
denying a rehearing is made. If a rehearing is allowed, the Hearing Examiner:s or
the Board's decision shall be withdrawn.
Sec. 8. Subsection 546.09, Subdivision 17 of the Richfield City Code is amended to
read as follows:
Subd. 17. Fee. The fee for a variance is set by Appendix D of the City Code. In the
case of a reQuest that reQuires both a variance approval and some other approval
bv the City Council in coniunction with another planninQ and zoninQ application, no
additional application fee shall be reQuired.
Sec. 9. Subsection 546.09, Subdivision 18 of the Richfield City Code is amended to
read as follows:
Subd. 18. Annual Report. The committee of Hearing Examiners shall annually
prepare a report for the Council and Planning Commission outlining the activities of
the Hearing Examiners and the Board and making recommendations as to possible
amendments to this code to expedite the processing of variances to the literal
provisions of this code.
Sec. 10. This ordinance shall be effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of May,
2007.
D~~
Debbie Goettel, Mayor
ATTEST:
CIIIU
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newspapers
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
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Sun-Current
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. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for ~ne__ successive
week(s); it was first published on Thurs-
day, the --.1L day of May ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2007; and printed
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bet from A to Z, both inclusive, which is
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Subscribed and sworn to or affirmed
before me on this ~ day of
Mav ,2007.
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31-()9
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City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2007-7
AN ORDINANCE RELATING TO VARIANCES;
AMENDING SUBSECTIONS 546.03 AND 546.09 OF
THE RICHFIELD CITY CODE
On May 8, 2007, the Richfield City Council adopted an
ordinance designated as Bili No. 2007-7, the title of which
is stated above. This summary of the ordinance is pub-
lished pursuant to Section 3.12 of the Richfield City Char-
ter. The ordinance gives the Board of Adjustment and Ap-
peals the power to hear and decide variances to the liter-
al provisions of the City Code when the variances are
processed in conjunction with another planning and zon-
ing application that requires the approval of the City Coun-
cil. Other provisions of Subsection 546.09 which relate to
the variance application, hearing and appeal process
were amended in order to reflect that the Board of Ad-
justment and Appeals also has the power to hear and de-
cide variances in certain situations. Copies of the ordi-
nance are available for public inspection in the office of the
City Clerk during normal business hours or upon request
by caliing 612-861-9760 of the Community Development
Division.
Nancy Gibbs, City Clerk
(May 17, 2007) d2-bili 2007-7