1985-21J
1
BILL N0. I985-21
AMENDMENT TO CHAPTER III,. PART IV
OF THE ORDIZ~ANCE CODE OF THE
CITY OF RICHFIELD
CITY OF RICHFIyLD DOES ORDAIN:
Chapter III, Part IV of the ordinance Code of the City of
Richfield entitled "Zoning Regulation" is hereby amended in the
following respects:
2. By adding the following new Section.3.40A:
3.40 A. COMMITTEE OF HEARING EXAMINERS
Subdivision Z. Pu ose. It is the au ose of
this section to establish the Committee of Hearing
Examiners and_an administrative hearing arocess to
expedite the review of certain matters involving
requests for variances to the literal arovisions
of the city's zoning regulations.
Subdivision 2. Committee of Hearing Examiners '
There is hereby created the Committee of Searing
Examiners which shall constitute a saecial
committee of the Plannin Commission to be
administered by •the De artment of Community
Develoament. The Committee of Searin Examiners
sha 1 constitute the Board or Adjustments and
_ Aaoeals in all matters within its jurisdiction
Hearing examiners shall be nominated by the
Planniag Commission and aaaointed by the City
Manager subject to confirmation by the City
Council and shall serve at the aleasure of the
City Manager. Hearing examiners may be city
employees and shall have exaerience in municiaal
administration and rocedures of law.
Subdivision 3. Powers and Duties of Hearing
Examiners. Searing examiners shall have the cower
to hear and decide requests for variances from the
literal arovisions of the zoning regulations found
~.n Chanter III, Part IV of the ordinance Cade
where strict comaliance would cause undue hardshia
because of circumstances unique to the aroaerty
cinder consideration. The hearing examiners shall
approve variance requests only when it is
I
t.i~c .7~.Gliucitct~ CDZ1Ld1IIE.C1 lII M1nneSUta Statutes,
Section 462.357, Subdivision 6 aaAlicable to.the
granting of variances, and the zoning regulations
of the city. The hearing exami.~ers may not
perait, as a variance, and use which 's not
permitted by the zoning regulations a plicable to
the property under consideration. The hearing
examiner ma impose conditions on variances to
ensure compliance and to protect adjacent
Subdivision 4. A placation and Fees Application
for a variance shall be made to the Department of
Community Development upon forms prepared by the
cteaartment for that purpose. All applications for
variances shall be accomaanied by payment of a fee
as provided in Appendix D of this Cade. No
application shai be deemed to be filed until it
is complete in all respects. IIpon filing, the
department shall refer the application to a
hearing examiner designated by it to hear the
matter.
-~
Subdivision 5. Hearing Procedures. The followinG
rules apply to hearings conducted by hearing
exam~.ners
(_I) The hearin shall be conducted at least 15~
working days but not lop er than 30 working
' ,days after filing. Except in cases involving
_ serzons hardship to the applicant, hearings
shall be conducted only in the evenings.
tZ) Notice of the hearing shall be mailed by
_' first class mail to the property owners
within 350 feet of the subject property at
~~east 10 days prior to the hearing. Evidence
of the giving of such notice shall be
. provided to the hearing examiner at the
beginning of the hearing. The notice shall
also state that individuals wishing to appear
at the hearing should contact the department
prior to the hearing date. The =ailure to
give mailed notice to individual property
. owners, or defects in the notice shall not
invalidate the proceedincs, provided a bona
fide attempt to comply with this paragraph
has been made.
t3) The Planning and Zoning Division 'shall
provide a written resort to the hearin
examiner outlining the proposal and
enumerating the various reasons for a
reccmmendation to either approve or deny the
• variance request. The written report shall
be filed with the hearing examiner at least
72 hours prior to the date of the hearing.
Copies oz the report shall be made available
1
1
to the-applicant and shall be furnished to
others upon recuest.
(4) Parties of record shall be:
- - - - (_a) The • a Iicant and representative of the
applicant.
•_(b.) Any interested person who has notified
the department or an intent to ap ear
(c) City staff.
(d1 Planning Commission.
(5') The hearing examiner may call witnesses, and
accept evidence and testimonv, including
hearsay, relevant to the issues being heard
Partie_s_ of recora shall have the right to
cross-examine witnesses and resent testimony
and evidence.
(6) For the purpose of avoiding redundencv or
irrelevancy, the hearing examiner may impose
.imitations on the number of witnesses and on
the nature and length of testimony
(7) A tape recording shall be made of the
•-hearing. The tape will be transcribed on
recuest of• the City Council. The tape will
also be transcribed at the recuest of anv
Qarty of record upon the navment of all costs
of transcrs.ption. The tape recording shall
be preserved until the time for ap eal, as
provided in Subdivision 6, has expired.
(8) The hearing examiner shall, within 30 days
following the close of the hearing render a
written decision su ported by findings
saecifically related to the applicable
standards contained in this Cade and state
_ statute. The hearinc examiner's decision
shall be transmitted to all parties of
record.. The hearing examiner's decision
shall be renal unless an appeal is taken
pursuant to Subdivision 6. If the hearing
examiner shall fail to render its written
decision within such Deriod the applicant may
present its application to the city council
for consideration at its next re laxly
scheduled meeting not less than 10 days
• following the expiration or tine ti:-ne limit
contained above.
~~
Subdivision 6. Anneals. Any party aggrieved by
~~~.
~ the ,decision of the hearin examiner ma appeal
` ~
~`~ ~~ the decision by delivering to the d
t
''~ ~ ~ eaar
ment a
~. notice of appeal within 10 davs of the date the
decision is mailed out. The appeal shall be to
the City Council ursuant to Section 3.40 of this
Cade . ~ Tbte issue on as eal shall be limited t .e
estion o whether the hearin examin as made
`' an error i the interureta of the laws
~
` a alicable to ra
t'
f
.
;
'
~ n
o
variances. If the
~
~ Cit Council rave the decision of the hearin
~
=~=' ~"""'~~~ examiner, all company such deternination
wi in s as to how the apalicable laws were
~' isconstrued by the heari •examiner.
' 'Subdivision 7. Rehearing. Any apalicant may
• within 7 days of the date of mailing of the
examiner's decision, aaply for a rehearing of a
' variance request denied by the hearing examiner if
significant new factual evidence relevant to the
case not available to the a alicant in the
original hearing can be presented. The request
for a rehearing shall state with articularity the
nature of the new evidence and why it was not
previously available. If an application for
rehearing is timely made, the time to anneal will
be tolled until the decision on grantin or
denying a rehearing is made. If a rehearing is
allowea, the examiner's decision- shall be
withdrawn.
Subdivision 8. Time Limit. All variances granted
pursuant to this section shall, and the decision
o the hearing examiner will, so state, lapse and
terminate if the structure requiring the variance
is not completed within one year of the date it is
granted.
Subdivision 9. Reports to City Council and
Commission
~ examiners
:o eossible
1
as variances. --
Subdivision 10. Exz~iration. This section shall
exaire one year from its effective date unless the
City Council shall, by resolution, extend it for
an additional period or cerivds.
II. By amending Section 3.40 entitled "Board of Adjustment and
Appeals" to read as follows:
3.40 BOARD OF ADJUST.'~SENTS AND APPEALS
.Subdivision 2. Creation. The board created in
this section is established in conformity with
Minnesota' Statutes, Section. 462.354, Subdivision
2, and the provisions to which it refers,
Subdivision 2. Council Shall Act as Board;
Powers. The council shall serve as the board
created in this section---,w:~~*e--~~ry _~s_.s~
aetszgT-~-i~ea-~:~-;e:.=ear=-:g-fir to hear and
decide appeals where it is alleged that there is
an error in any order, requirement, decision or
determination made by an administrative officer in
the enforcement of this part of this chapter.
{~F$£-~z'~J-~E~-- :~+r~rS~'gz~~-A~iB-~r"'s'£~rr--E~Ft--s'~~-t~@aPim
&'~'"'~*~""~~-~ ~-~97 Hearing examiners
from the Committee of Hearing Examiners created
pursuant to Section 3.40A of this Code shall hear,
subject to the rs.gnt of appeal to the council as
provided in Section 3.40A, requests for variances
from the literal provisions of this part in
instances where their strict enforcement would
cause undue hardship because of circumstances
unique to the individual property under
consideration, and to grant such variances only
_ when it is demonstrated that such actions are
consistent with Minnesota State Statutes, Section
462.354, Subdivision 6 and any amendments thereto
and will be keeping with the spirit and intent of
this part. ~3~e--e~xt~~~--ems- =-ka--agent--~aT---r:e~t
pe-~=t-ss-s-ver ~egee-eay-esae-tr:$t-ta-met-pe~stte~
ender-ths9-poet-for-peeperty- ~ ~:-t:se-zone-Nsere-t+§e
af~eeted-pereeaie-?aed-ta-~eeeted---mho-Bees-esi-ee
stn-ego:st-Bey-s~apeee-eeadstsees-~~-the-gra3zts3g-es
ya:ser~eee--te- _:.~,.~„«•~._ ' l.. .. -~-.~--te--pteteet
ad~eeert--~~gee;t~~s- In - the event that the
authoritt~ of the Committee of clearing Examirers
shall expire pursuant to Section 3.4aA,
Subdivision 10, such exairation shall
out
LXa.~iners .
Subdivision 3. Application for r~d~eet.~ert
Apaeal-Fee. Application =or any ar~~eret~eat appeal
permissible under provisions of this section shall
be made to the ei~se~- _.. city manager by
written application, An application for
ed~ astaerst appeal shall be accompanied by payment
of a fee as provided in Appendix D of this Code in
addition to the regular building fee, if any.
(Bill 1977-Ib) 8/8/77
Subdivisioa 4. Public Hearing on Ad-'r~set.~e~i
A Deal. IIpon receipt of any application, the
council may set a time and place for a public
hearing on such application. At Least 10 days
before the date of any such hearing, a. notice of
the hearing shall be published once in the
official newspaper, ~ -
Subdivisioa 5. Recuirements for Compliance. In
all cases in which adjustments or variance appeals
are granted under the provisions of this section
or Section 3.40A, the council shall require such
evidence and guarantees as it may deem necessary
to insure compliance with the conditions
designated in connection therewith.
&ekdtvts=ea---f:-----Feaei~t~erts---Beers---Erar:t---ed
Ad~ttat3tertt---e~^-- ~ar_arear---z3~tr.~---,i~r~--art
epp~aeatsers- fcrr--err-sd~ast.~e3t--crr--~~i-a~~--rise
eeezet~-mu9t-f _3dr
eead~tseaa-addeetzrsq-tke-part~e~=ay-;arsd--kC~~d~rg
er-tsae- ~^cf~~-to--~r--~t~~~?-~t~~sr,--aat-eemmea
te-enter-prepertses-~3-titers-er-s=.~~zer-dtstr~ets :-
#~}--~kat- ~~te-t+~-o~-~?~~-app~~-cct=ca- s
aeeess srY-~crr--the-~~-ar:d-
.. - -ed
aeti~staatse~-prepert~-r:gktsr
~3}--~kat--t?~e--c,~asst~--o~--•~~--a ppi~ea t~ ea
~r~~i.--trot--~seter ~a~?~--ead--ad~erse~y--adf aet--tke
kea~tk-er-satiety-ed-perseas=ressdsag-er-ererk~aq-tea
the-r_eiq~i~hQed-~ -t::~--~s-a~e~•j--cry-tk~c-spps_eart
axed--4rr~~--sxrti-~e---~et~i~ei~~- ~y+_-~ i=.~-~~.~-?---±~--t.§c
ptsi~ise--~i~es~-~--drs~e~ ~eea--bra---r'Q'P'~~"~'--er
~pre~re~eata- ::z--~~ ~ ~., ~.. ,--~?-~--tLe-sass-~:tg
tire---a~~.ea-tt --sire-~._--~--~-~tstew-e~t--ard
e~_deztea--i:~~tic?:--f`c~-ss- wiz--e ~~t~Y` ="`a'g'r' ="'~-yfl
eitex-t~ese-=aeta-
Subdivision ~ 6. Orders. The council shall
within a'"reasonable time made its order deciding
the matter and shall cause a copy of its order to _
be served by mail upon the petitioner.
Subdivision 8 7. Record of Proceedincs, The
council shall maintain a written record of its
proceedings which shall include minutes or
meetings, its findings in cases "before it, and a
record of action taken on each matter before it
including the final order.
1~ '
6t~ds~rta3en-13-----ire-rs.~--b~--~}~-~s-sr' . -fir.---Ne
deeze Derr-ahais-~e-~na~e--irlr--t~.+e-~o~a~-c~--cr: -err.-sae t to
be~ete---i~---c~tz~~--tie--gi~rrrri~--e~~--ee ttnq
pt~a~seat-te-tta-at:tiser~t~-as-aet-ie-tt~-ter.-~a~ t-~~r
ef-this-~ r c- -s~':~3.~--i~~ve~-?~ra~-a-~eaaene~~e
eppe~tn~st~;-aet ter- ~~_e~--GQ-'~,~'e',--to~-r-~~c~*-er~~
eepest-te-t~~aurrt~i~:--~rp~~rs--~~. ~~.-':.-==--ref-~ ~-te
~t-bp-~,.3~e-eec~ae_~-
Passed by the City Council of the City of Richfield,
Minnesota this ._ day of July , 1985.
ATTEST:
.~ ,~
i `' /~~ 1
homas Ferber, City Clerk
~l
lewspapers, Inc.
BLICATION
being duly sworn on an oath says that he/she
` the publisher of the newspaper known as
_, and has full knowledge of the facts which
~ements constituting qualification as a qualified
IA.07, and other applicable laws, as amended.
aper; and was printed and published once each
n Wednesday ,the 31 day
~ published on every to
3y of , 19-; and printed below is
which is hereby acknowledged as being the size
~f the notice:
vwxyz
Opex'ata.ons Manacrer
ATION
$ 2.60 per line
(Line, word, or inch rate)
:er $ 33.2 per line
(Line, word, or inch rate)
$ 24.8¢ per line/8.2¢ x-comp.
(Line, word, or inch rate)
(Official Publication)
BILL NO. 1985-21
`~+ ~ AMENDMENT TO CHAPTER III, PART IV
- OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
CITY D);~RICHFIELD DOES ORDAIN:
G~hapfp~ III, Part IV of the Ordinance Code of the City of Richfield entitled
"7,oning REgulation" is hereby amended in the following respects:
I:;By adding the following new Section 3.90A:
.'.3.40 A: COMMITTEE OF HEARING EXAMINERS
Subdivision 1. Purpose. It is the purpose of this section to establish the
Committee of Hearing Examiners and an administrative hearing process to
expedite the review of certain matters involving requests for variances (o the
literal provisions of the city's zoning regulations.
Subdivision 2. Committee of Hearing Examiners. There is hereby created
the Committee of Hearing Examiners which shall constitute a special
committee of the Planning Commission to be administered~by the Depart-
ment.of Community Development. The Commi{,tee of Hearing Examiners
shall constitute the Board of Adjustments and Appeals in all matters within
its: jurisdiction. Hearing examiners shall be nominated by the Planning
Commission and appointed by the City Manager snbject to confirmation by
the' City (;ouncil and shall serve at the pleasure of the City Manager. Hearing
examinees may be city employees and shall have experience in municipal
a mistiation and procedures of law.
bdivision 3. Powers and Duties of Hearing Examiners. Hearing ex-
aminers'shall have the power to hear and decide requests for variances from
the literal provisions of the zoning regulations found in Chapter !!I, Part IV of
th@' Ordinance Code where strict compliance would cause undue hardship
bei3ause~>of circumstances unique to the property under consideration. The
he~ring:~xaminers shall approve variance requests only when it is demon-
strated that such actions are consistent with the standards contained in
Minnesota Statutes, Section 482.357, Subdivision 6 applicable to the granting
of;aaria~ces, and the zoning regulations of the city. The hearing examiners
may not, ermit, as a~variance, any use which is not permitted by the zoning
reyulatrohs applicable to the property under consideration. The hearing
ezamine; may impose conditions on variances to ensure compliance and to
p5gtect Ndjacent properties.
,$abdfvlsion 4. Application and Fees. Application for a variance shall be
medet he Department of Community Development upon forms prepared
bg'Yhe partment for that purpose. All applications for variances shall be
accompanied by payment of a fee as provided in Appendix D of this Code. No
applicatipn shall be deemed to be filed until it is complete in all respects.
Upon filing, the department shall refer the application to a hearing examiner
designated by it to hear the matter.
Subdivision S. .Hearing Procedures. The following rules apply to hearings
conducted by hearing examiners:
(1) The hearing shall be conducted at least 15Ut working days but not longer
than 30 working days after filing. Except in cases involving serious
hardship to the applicant, hearings shall be conducted only in the
evenings.
(2) Notice of the hearing shall be mailed by first class mail to the property
owners within 350 feet of the subject property at least 10 days prior to
the hearing. Evidence of the giving of such notice shall be provided to
the. hearing examiner at the beginning of the hearing. The notice shall
also' state that individuals wishing to appear at the hearing should
cotjlact the department prior to the hearing date. The failure to give
mailed notice to individual property owners, or defects in the notice
shall not invalidate the proceedings, provided a bona fide attempt to
comply with this paragraph has been made.
(3) The: Planning and Zoning Division shall provide a written report to the
hearing examiner 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 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.
(4) Parties of record shall-be:
(a) The applicant and representative of the applicant.
(b) Any interested person who has notified the department of an
intent to appear.
(c) Ciiy staff.
(d) Planning Commission.
(5) The hearing examiner may call witnesses, and accept evidence and
testimony, including hearsay, relevant to the issues being heard.
Parties of record shall have the right to cross-examine witnesses and
present testimony and evidence.
(8) For the purpose of avoiding redundency or irrelevancy, the hearing
exautiner may impose limitations on the number of witnesses and on
the nature and length of testimony.
(7) A tape recording shall be made of the hearing. The tape will be
transcribed on request of the City Council. The tape will also be
transcribed at the request of any party of record upon the payment of
all coats of transcription. The tape recording shall be preserved until
the, time for appeal, as provided in Subdivision 6, hes expired.
(3) The hearing examiner shall, within 30 days following the close of the
hearing render a written decision supported byfindings specifically
related to the applicable standards contained in this Code and state
- statute. The hearing examiner's decision shall be transmitted to all
parties of record. The bearing examiner's decision shall be final unless
an :appeal is taken pursuant to Subdivision 6, if the hearing examiner
shall fail to render its written decision within such period the applicant
may present its application to the city council-for consideration at its
- next regularly scheduled meeting not less than 10 days following the
expiration of the time limit contained above. '
6ubdivision 8. Appeals. Any party aggrieved by the decision of the hearing
e"5taminer may appeal the decision by delivering to the department a notice of
appeal within 10 days of the date the decision is mailed out. The appeal shall
be to the City Council pursuant to Section 3.40 of this Code.
Subdivision 7. Rehearing. Any applicant may within 7 days of the date of
mailing of the examiner's decision, apply for a rehearing of a variance
request denied by the hearing examiner if significant new factual evidence
relevant to the case not available to the applicant in the original hearing can
be pt•eaented. The request for a rehearing shall state with particularity the
nature of the new evidence and why it was not previously available. [f an
application for rehearing is timely made, the time to appeal will be tolled
until the decision on granting or denying a rehearing is made. If a rehearing
isallowed, the examiner's decision shall be withdrawn.
:'Subdivision S. Time Limit. All variances granted pursuant to this Section
shall, and Lhe decision of the hearing examiner will, so state, lapse and
terminate if the structure requiring the variance is not completed within one
year,oL the date it is granted.
Sttbdf~ision 9. Reports to the City Council and Planning Commission. The
Committee of Hearing Examiners shall atleast annually prepare a report for
the City Council and the Planning Commission outlining the activities of the
hearing examiners and making recommendations relative to possible zoning
ordinance amendments to expedite the processing of land use requests
currently treated as variances.
Subdivision 10. Expiration. This section shall expire one year from its
effective date unless the City Council shall, by resolution, extend it for an
additional period or periods.
II. By amending Section 3.40 entitled "Board of Adjustment and Appeals" to
read as follows:
3.40 BOARD OF ADJUSTMENTS AND APPEALS
Suq~ivision 1. Creation-meted in this section is established in
conf6rrriity with Minnesota StatutesdSectlon 482.384, Subdivision 2, and the
provisions to which it refers.
Subdivision 2. Council shall Act as Board; Powers. The council shall serve
as the board created in this section. 4ghenit~e~eeuncilisso-aetirtg-itfias lire
follewitig powgnto hear and decide appeals where it is alleged that there is an
-_ __ :_ __.. __.,.._ _,,....:.o,,,>ot dcrisinn nr determination made by an