Loading...
08-09-1983 SpecialCITY OF RICHFIELD SFECIAL JOINT MEETING CITY COUNCIL AND PLANNING COMMISSION August 9, 1983 The City Council of the City of Richfield met in special joint session with the Planning Commission on August 9, 1983, at 5:30 p.m. Mayor Hamilton called the meeting to order at 5:30 p.m. Council members present - Hassenstab, Kirsch, Ludeman, Priebe, Hamilton Absent - Bunce Planning Commission members present - Hoverson, McDermott-Lindstrand, Quam, Ahlquist, Luettinger, Anderson, Kritzman, Kauth, Jensen Mayor Hamilton said that the meeting had been convened for the Council and Planning Commission to discuss matters of recent concern, including the consideration of variance requests and holding special meetings requested by the City Council. 1. Consideration of Variance Requests Acting City Manager Tom Morgan outlined the provisions of state law and city ordinances regarding the consideration of variances to zoning regulations, and described the roles of staff, Planning Commission and City Council in the process of considering variance requests. City Attorney Clayton LeFevere made comments elaborating on the requirements of state law and city ordinances, and discussed recent court interpretations of how cities apply ordinance standards in the consideration of variance requests. He stated that the same standards apply to all variance requests and that cities must either enforce the standards or alter the zoning requirements of local ordinances. Discussion followed regarding how the City Council and Planning Commission consider variance requests and work the Planning Commission had done on various o•~~.inance changes to improve the process. Also discussed were communication to the City Council of the Planning Commission's recommendations and reasons for Special Meeting Council/Planning Commission -2- August 9, 1983 their action. How the Planning Commission and City Council apply standards to specific proposals for variances and the effect of Planning Commission and Council actions on the people in the community were also discussed. It was recognized that sometimes the variances granted may be contrary to the standards of state law and city ordinances. Attorney LeFevere stated that the Supreme Court's interpretation of the law denies city councils the ability to not uniformly enforce ordinance requirements and draws a distinction between the council's role in zoning matters, which are legislative, and variance requests which are a quasi-judicial function of the city council.. Discussion followed among the City Council members and Planning Commissioners concerning the application of ordinance standards to variance requests, especially in cases where people are seeking to improve older properties which may often include nonconforming structures. A variety of views were shared as to the roles of each group and whether or not the standards should be applied strictly in every case, or whether other factors should also be considered. It was acknowledged that it is often difficult to not consider the social and political consequences of the strict application of the law. Mayor Hamilton said he believed it would be appropriate for a joint subcommittee of the Council and Planning Commission to review the ordinance standards and the past actions of the Council and Planning Commission with regard to variance requests. Planning Commission Chairman Ahlquist•also suggested that the group discuss how the standards are or should be applied by the Council and Planning Commission. Mayor Hamilton suggested that the subcommittee consist of Council Members Kirsch and Hassenstab, and Planning Commissioners Ahlquist and Quam. Community Development Director Dennis Kraft was appointed staff liaison to the subcommittee. Special Meeting Council/Planning Commission -3- August 9, 1983 Discussion ensued concerning interim measures that could be taken to improve consideration of variance requests including more elaborative minutes of the Planning Commission, avoiding a "retrial" of the variance request before the City Council, and attendance at City Council meetings by one or more Planning Commission member when variances are considered. • 2. Special Meetings Requested by the City Council Mayor Hamilton stated that the Council had recently, on a unanimous vote, requested that the Planning Commission meet to consider a particular matter. The City Council believes it should have the prerogative to make such a request, particularly when the need for such meetings has been infrequent in the past. Discussion followed regarding how the recent request for a special meeting had been conveyed to members of the Planning Commission and the need to take into account notice requirements for a special meeting. There was general agreement among Council members and Planning commissioners that the Planning Commission should meet in such cases, providing there is adequate notice of the special meeting and also recognition that the communications between the Council and Planning Commission must be direct and accurately convey the Council's request. Mayor Hamilton said that the•City Council will make sure that the Planning Commission properly receives communication of the Council's request, and the reasons for it, and that all Planning Commissioners should be notified of `the request. It was noted that it may be appropriate to add a provision to the bylaws of the P1•anning Commission and other commissions regarding the calling of special meetings at the request of the City Council. The meeting was adjourned at 7;10 p.m. Date Approved: August 22, 1983 h H on ~® Ronald Rankin Acting City Clerk j Thomas A. Morgan, Jr , Mayor ing City Mgr.