2014-05 BILL NO. 2014-5
AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING
AMENDING SUBSECTIONS 547.05, SUBDIVISION 4;
AND SUBSECTION 547.11
RELATED TO THE CONSIDERATION OF VARIANCES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 547.05, 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;
Examiners established by Section 5,17.11 of this code; and
eb) To hear and decide variances to the literal provisions of this code
when said variances are processed in conjunction with another
planning and zoning application that requires the approval of the City
Council; and
dc) To hear and decide appeals of any decision made final by the
Planning Commission or by a Hearing Examincr.
Section 2 Subsection 547.11 of the Richfield City Code is amended to read as
follows:
547.11. Variances.
Subdivision 1. Limitations. The following limitations apply to variances:
a) A variance may be granted from the literal provisions of this code
only when all of the following criteria are found to exist:
i. The applicant establishes that there are practical difficulties in
complying with the official control. "Practical difficulties," as used
in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable
manner not permitted by an official control. Economic
considerations alone do not constitute practical difficulties.
Practical difficulties include, but are not limited to, inadequate
access to direct sunlight for solar energy systems;
ii. Unusual or unique circumstances apply to the property which do
not apply generally to other properties in the same zone or
vicinity, and such circumstances were not created by any
persons presently having an interest in the property;
iii. The variance, if granted, would not alter the character of the
neighborhood. The completed project would not impair an
adequate supply of light and air to adjacent properties, or
substantially increase the congestion of public streets, or
increase the danger of fire, or endanger the public safety, or
substantially diminish property values, or have a detrimental or
injurious impact on surrounding properties; and
iv. The variance requested is the minimum variance that would
alleviate the practical difficulty.
v. The variance requested will not alter the essential character of
the locality.
vi. The variance requested is in harmony with the general purpose
and intent of the ordinance and consistent with the
comprehensive plan.
b) Variances may not be granted for uses that are not allowed in the
zoning district where the subject property is located.
c) Conditions may be imposed in the granting of variances. Such
conditions must be directly related to and must bear a rough
proportionality to the impact created by the variances.
Subd. 2. -: -• •• -- - - - - - "•' ' Planning Commission. The
••-- - - e • e.-- , - •* .. . . .. . . .. . . .. . -
s p e c i f i c duties of this Committee are toPlanninq Commission shall hear
and decide requests for variances from the literal provisions of this code.
of the City Manager.
Subd. 3. Application. Application for a variance shall be made to the
Director on forms provided by the City. Applications shall not be
considered complete until an Administrative Review Committee (ARC)
meeting is held between the applicant and staff, or the Director
determines that such a meeting is not necessary. Applications must be
submitted for the ARC meeting at least 28 days before the scheduled
hearing to be considered for the agenda. Applications must be complete
at least 14 days before the scheduled variance hearing to be placed on
the agenda.
Subd. 4. Public hearing. Upon receipt of a completed application, the•
-- - •- - - - - - -- - • - - ' - - •••'" - - adate•shall be set for a public hearing before the Hearing ExaminerPlanning
Commission. -- - • - -_ - e"' _ •- - _ _ _ . - _•!• - - - - - •' - - - -- - - -' -=- - - • - - ••- • - -e
_ _ - _ - _ _ _ _ _ •-_ _ _- _ - • - :_- . Not less than ten
(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 of the subject property. If a variance is
part of another land use application, including, but not limited to, a
conditional use permit, site plans approval or rezoning, the Planning
Commission shall hold the public hearing and make a recommendation to
the City Council, acting as the Board of Adjustments and Appeals. The
City Council would then take official action on all of the applications,
including the variance.
Subd. 5. Staff report. The Director shall provide a written report to the
variance request. The written report shall be filed with the Hearing
furnished to others upon request.
Subd. 65. Powers of Hearing ExaminerPlanning Commission and the
Board. A Hearing Examiner The Planning Commission or the Board may
call witnesses, subpoena relevant reports, and accept any evidence and
testimony, which in the judgment of the Hearing Examiner Planning
Commission 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 ExaminerPlanning Commission or the Board
may impose limitations on the number of witnesses and on the nature
and length of testimony.
Subd. 7. Recordkeeping. A tape recording shall be made of the hearing.
Subd. 86. Decision. Within the time period required by state law, the
Hearing Examiner Planning Commission or Board shall render a written
decision regarding the application. 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 Planning Commission's decision
shall be final, subject to appeal to the Board. A decision of the Board
shall be final. The Hearing Examiner Planning Commission or the Board
may impose conditions in granting variances to implement the intent of
this code and to protect adjacent properties.
Subd. 7. Recording of Variance. If approved, a certified copy of the
variance decision shall be filed by the applicant with the Hennepin County
Recorder or Registrar of Titles.
Subd. 98. Appeals. Any person aggrieved by the decision of the Hewing
ExaminerPlanning Commission may appeal such decision if a written
notice of appeal and the fee set by Appendix D of the City Code is
submitted to the Director within ten (10) days of the date of the decision.
The notice of appeal shall be addressed to the attention of the Board of
Adjustments and Appeals care of the Director. A decision of the Board is
subject to judicial review as provided by law.
Subd. 4-09. Rehearing. Any applicant may within seven (7) days of the
date of filing of the Hearing Examiner Planning Commission's or the
Board's decision, apply for a rehearing of a variance request denied by
the Hearing ExaminerPlanning Commission 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
be made to the Board of Adjustments and Appeals care of the Director,
and 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
ExaminerPlanning Commission or the Board's decision shall be
withdrawn. Application for rehearing shall be considered a new
application and the Planning Commission or Board shall issue a decision
within the timeframe required by Minnesota Statutes Section 15.99.
Subd. 1410. (Repealed, Bill No. 1999-3)
Subd. 4211. Expiration of variance. Any variance granted shall expire
one (1) year after it has been granted unless:
a) The project for which the variance was granted is completed within
the one-year period; or
b) Building permits have been issued and substantial work performed;
or
c) Upon written request of the person or corporation holding the
variance, the Council extends the expiration date for an additional
period.
Subd. 1- 12. Term of variance. If the project is completed as approved,
the variance shall run with the land and remain in effect for so long as the
conditions regulating it are observed.
Subd. 4413. Assumed risk. Any applicant who obtains a building permit
starts construction and/or begins a use prior to the expiration of the
appeal period, assumes the risk that the decision may be reversed upon
appeal. When an appeal is received by the City, the applicant will be
notified of the appeal and informed as to the date of the Board meeting
where it will be heard.
Subd. 4614. Specific project. A variance shall be valid only for the project
for which it was granted. Construction of any project shall be in
substantial compliance with the building plans and specifications
reviewed and approved by the Hearing ExaminerPlanninq Commission or
Board.
Subd. 1-615. Violations. Any person who violates, fails to comply with,
assists, directs, or permits a violation of the conditions of a variance shall
be subject to the provisions outlined in Sections 115 and 320 of the City
Code. Such violation may render the variance null and void.
Subd. 1-716. 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 by the City Council in conjunction with another
planning and zoning application, no additional fee shall be required.
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
Section 3 This Ordinance is effective January 1, 2015 in accordance with Section
3.09 of the Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 9th day of
September, 2014.
/
De ie Goettel, Mayor
ATTEST:
aagY
Nancy Gibbs, Clerk
AFFIDAVIT OF PUBLICATION City of Richfield
(Official Publication)
STATE OF MINNESOTA )ss SUMMARY PUBLICATION
COUNTY OF HENNEPIN ) BILL NO.2014-5
AN ORDINANCE
Charlene Vold being duly sworn on an oath, RELATED TO ZONING;
states or affirms that they are the Authorized AMENDING SUBSECTIONS
y 547.05,SUBDIVISION 4;AND
Agent of the newspaper(s)known as: SUBSECTION 547.11 RELATED
TO THE CONSIDERATION
SC Richfield OF VARIANCES
This summary of the ordinance is
published pursuant to Section 3.12
and has full knowledge of the facts stated of the Richfield City Charter.
below: Current Code regulations require
(A The newspaper has com lied with all of that stand-alone variance requests
) P (variances that are not part of anoth-
the requirements constituting qualifica- er land use application)be consid-
tion as a qualified newspaper as provided ered by an appointed Committee of
by Minn. Stat. §331A.02, §331A.07, and He Examiners. Ordinance
applicable laws as amended. eliminates aring the Committee This of Hear-
other a
Pp ing Examiners(effective January 1,
(B)This Public Notice was printed and pub- 2015)and gives the Planning Corn-
lished in said newspaper(s) for 1 succes- mission the authority to approve
sive issues; the first insertion being on and deny vari ree cables of the ance ordinance sts. are
09/18/2014 and the last insertion being on available for public inspection in
09/18/2014. the City Clerk's office during normal
business hours or upon request by
calling the Department of Commu-
nity Development at(612)861-9760.
Nancy Gibbs,City Clerk
By:
9/18/14,3SC2,
Authorized Agent Ord Summary 2014-5,280226
Subscribed and sworn to or affirmed before
me on 09/18/2014.
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