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HomeMy WebLinkAbout2011-06 Amending Section 850 and Deleting Section 1506 Dissolving the Zoning Board of Appeals ORDINANCE NO.2011-06 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING THE CITY'S ZONING BOARD OF APPEALS The City Of Edina Ordains: Section 1. Subsection 850.04. Subd. 2 is amended to read: Subd.2 Variances and Appeals. A. Zoning Board of Appeals.The Planning Commission shall serve as the Board of Appeals and Adjustments created pursuant to M.S.462.354,Subd. 2. B. Powers and Duties of Board.The Board shall have the power and duty of hearing and deciding, subject to appeal to the Council,the following matters: 1. Requests for variances from the literal provisions of this Section; 2. Appeals in which it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the interpretation or enforcement of this Section; 3. Requests for variances from the literal provisions of Section 1046 of this Code; 4. Requests for modifications from the requirements of Section 815 of this Code; and 5. If a variance request is part of another land use application, including but not limited to a conditional use permit, rezoning, and preliminary or final site plan,the decision by the Zoning Board of Appeals is automatically appealed to the City Council.The City Council would then take official action on the applications including the variance. If a variance request is made along with a certificate of appropriateness for the Heritage Preservation Board,the Zoning Board of Appeals decision is not automatically appealed. Final decision of the Board of Appeals would stand unless appealed . C. Petitions for Variances.The owner or owners of land to which the variance relates may file a petition for a variance with the Planning Department.The petition shall be made on forms provided by the Planning Department and shall be accompanied by the fee set forth in Section 185 of this Code.The petition shall be accompanied by plans and drawings to scale which clearly illustrate,to the satisfaction of the Planner,the improvements to be made if the variance is granted.The Planner may require the petitioner to submit a certificate by a registered professional land surveyor verifying the location of all buildings, setbacks and building coverage, and certifying other facts that in the opinion of the Planner are necessary for evaluation of the petition. D. Appeals of Administrative Decisions.A person who deems himself or herself aggrieved by an alleged error in any order, requirement, decision or determination made by an administrative officer in the interpretation and enforcement of this Section, may appeal to the Board by filing a written appeal with the Planning Department within thirty(30) days after the date of such order, requirement, decision or determination.The appeal shall fully state the order to be appealed and the relevant facts of the matter. E. Hearing and Decision by the Board; Notice. 1. Notice of variance hearings shall be mailed not less than ten (10) days before the date of the hearing to the person who filed the petition for variance and to each owner of property situated wholly or partially within two hundred (200)feet of the property to which the variance Ordinance No. 2011-06 Page 2 relates insofar as the names and addresses of such owners can be reasonably determined by the Clerk from records maintained by the Assessor. 2. A notice of hearing for appeals of administrative decisions shall be published in the official newspaper of the City not less than ten (10)days before the hearing.A notice shall also be mailed to the appellant. 3. No new notice need be given for any hearing which is continued by the Board to a specified future date. F. Findings for Variances.The Board shall not grant a petition for a variance unless it finds that the strict enforcement of this Section would cause undue hardship because of circumstances unique to the petitioner's property and that the grant of said variance is in keeping with the spirit and intent of this Section. "Undue hardship" means that(i)the property in question cannot be put to a reasonable use as allowed by this Section; (ii)the plight of the petitioner is due to circumstances unique to the petitioner's property which were not created by the petitioner; and (iii)the variance, if granted, will not alter the essential character of the property or its surroundings. Economic considerations alone shall not constitute an undue hardship if reasonable use for the petitioner's property exists under the terms of this Section. A favorable vote by the Board shall be deemed to include a favorable finding on each of the foregoing matters even if not specifically set out in the approval resolution or the minutes of the Board meeting. G. Appeals from Decisions of the Board. 1. The following individuals may appeal a decision of the Board: a. any petitioner for a variance; b. any owner to whom notice of the variance hearing is required to be mailed pursuant to this Section; c. the appellant in the case of an appeal of an administrative decision; d. any person who deems to be aggrieved by the Board's decision on the appeal of an administrative decision; and e. any administrative officer of the City; 2. An appeal from a decision of the Board shall be filed with the Clerk no later than ten (10) days after the decision by the Board. If not so filed,the right of appeal shall be deemed waived, and the decision of the Board shall be final. H. Hearing and Decision by Council.The Council shall hear and decide all appeals from the decisions of the Board, and variances associated with other land use applications.The Council shall follow the same procedures as to notices, hearings,findings for variances and decisions that the Board is required to follow relative to the subject matter of the appeal pursuant to this Section. A favorable vote by the Council shall be deemed to include a favorable finding on each of the required findings even if not specifically set out in the approval resolution or the minutes of the Council meeting. I. Conditions on Variance Approvals. In granting a variance, the Board, or the Council on appeal, may impose conditions to ensure compliance with the purpose and intent of this Code and to protect adjacent properties. J. Form of Action Taken and Record.The Board, or the Council on appeal, shall maintain a record of its proceedings which shall include the minutes of its meetings and final order concerning the Ordinance No. 2011-06 Page 3 variance petition or appeal of administrative decision. If a variance is granted, the petitioner, at the petitioner's expense, shall duly record the final order in the proper office to give constructive notice.A verified copy of such order, with the recording data, shall be delivered to the Planner.The Board, or the Council on appeal, may require such order to be recorded and such verified copy to be delivered to the Planner before the variance shall be effective. K. Lapse of Variance by Non-User; Extension of Time. 1. If, within one (1)year after the date of the meeting of the Board,or the Council on appeal, at which the variance was granted, the owner or occupant of the affected land shall not have obtained a building permit, if one is required, and commenced the work or improvement described in such petition, the variance shall become null and void unless a petition for extension of time in which to commence the proposed work or improvement has been granted. 2. A petition for extension shall be in writing and filed with the Clerk within such one (1)year period.The petition for extension shall state facts showing a good faith attempt to use the variance and shall state the additional time requested to begin the proposed work or improvement.The petition shall be presented to the Board for hearing,findings and decision in the same manner as then required by this Section 850 for an original petition for variance.The Board may grant an extension of the variance for up to one (1)year upon finding that a good faith attempt to use the variance has been made,that there is a reasonable expectation that the variance will be used during the extension, that speculation will thereby not be fostered, and that the facts and circumstances under which the original variance was granted are not materially changed. L. Denial. No application for a variance which has been denied in whole or in part shall be resubmitted within twelve (12) months of the date of the order of denial, except that a new application may be permitted to the same denying board, if new evidence or a change of circumstances warrant it. Section 2. Section 1506—Zoning Board of Appeals is deleted in its entirety. Section 3. This ordinance is effective immediately upon its passage and ublication. First Reading: April 19, 2011 Second Reading: Waived Published: June 2, 2011 /i Attest Debra A. Mangen i Cler m s B. oviand, r City of Edina tained by the Assessor. 1.If,within one(1)year after the date of 2.A notice of hearing for appeals of ad- he meeting of the Board,or the Council (Official Publication) ministrative decisions shall be published on appeal, at which the variance was ORDINANCE NO.2011-06 in the official newspaper of the City not fectegranted,the owner or occupant Laof the a less than ten(10)days before the hear- builds land shall not have obtained a AN ORDINANCE AMENDING THE ing.A notice shall also be mailed to the building permit, if one o required,and EDINA CITY CODE CONCERNING appellant. commenced the work or improvement THE CITY's ZONING BOARD OF described in such petition,the variance 3.a new notice need be given for any shall become null and void unless a pe- newspapers APPEALS hearing which is continued by the Board Lifson for extension of time in which to The City Of Edina Ordains: to a specified future date. commence the proposed work or im- AFFIDAVIT OF PUBLICATION Section 1.Subsection 850.04.Subd.2F Findings for Variances.The Board provement has been granted. is amended to read: shall not grant a petition for a variance 2.A petition for extension shall be in writ- STATE OF MINNESOTA ) unless it finds that the strict enforcement ing and filed with the Clerk within such Subd.2 Variances and Appeals. of this Section would cause undue hard- one(1)year period.The petition for ex- ss. ship because of circumstances unique to tension shall state facts showing a good A. Zoning Board of Appeals.The Plan- COUNTY OF HENNEPIN ) Hing Commission shall serve as the the petitioner's property and that the faith attempt to use the variance and Board of Appeals and Adjustments cre- grant of said variance is in keeping with shall state the additional time requested Richard Hendrickson, being duly sworn on ated pursuant to M.S.462.354,Subd.2. the spirit and intent of this Section. to begin the proposed work or improve- Undue hardship"means that (i) the ment.The petition shall be presented to an oath,states or affirms that he is the Chief B. Powers and Duties of Board.The property in question cannot be put to a the Board for hearing,findings and deci- Financial Officer of the newspaper(s)known Board shall have the power and duty of reasonable use as allowed by this Sec- sion in the same manner as then re- hearing and deciding,subject to appeal tion;(ii)the plight of the petitioner is due quired by this Section 850 for an original as to the Council,the following matters: to circumstances unique to the petition- petition for variance.The Board may Edina Sun-Current er's property which were not created by grant an extension of the variance for up 1.Requests for variances from the liter- he petitioner; and (iii)the variance, if to one(1)year upon finding that a good al provisions of this Section; granted,will not alter the essential char- faith attempt to use the variance has 2.Appeals in which it is alleged that there acter of the property or its surroundings. been made,that there is a reasonable and has full knowledge Of the facts stated is an error in any order,requirement,de- Economic considerations alone shall not expectation that the variance will be cision or determination made by an ad- constitute an undue hardship if reason- used during the extension,that specula- below: ministrative officer in the interpretation or able use for the petitioner's property ex- tion will thereby not be fostered,and that (A)The newspaper has complied with all of enforcement of this Section; ists under the terms of this Section.A fa- the facts and circumstances under which vorable vote by the Board shall be he original variance was granted are not the requirements Constituting qualifica- 3.Requests for variances from the liter- deemed to include a favorable finding on materially changed. al provisions of Section 1046 of this each of the foregoing matters even if not tion as a qualified newspaper as provid- Code; specifically set out in the approval reso- L.Denial.No application for a variance ed b Minn. Stat. 331 A.02, 331 A.07, lution or the minutes of the Board meet- which has been denied in whole a in y § § 4. Requests for modifications from the part shall be resubmitted within twelve and other applicable laws as amended. requirements of Section 815 of this mg. (12)months of the date of the order of (B)The printed public notice that is attached Code;and G.Appeals from Decisions of the Board. denial, except that a new application 5.If a variance request is art of anoth- may be permitted to the same denying was published in said newspaper(s) q p 1.Thefollowingindividualsmayappeala board,if new evidence or a change of cir- er land use application,including but not decision of the Board: cumstances warrant it. once each week,for one successive limited to a conditional use permit, re- zoning,and preliminary or final site plan, a.any petitioner for a variance; Section 2. Section 1506 — Zoning week(s);it was first published on Thurs- g day,the 2 da of June the decision by the Zoning Board of AP_ b. anany owner to whom notice of the vari- Board of Appeals is deleted in its entire- y y peals is automatically appealed to the ance hearing is required to be mailed ty- 2011, and was thereafter rinted d City Council.The City Council would p then take official action on the applica- pursuant to this Section; Section 3. This ordinance is effective published On every Thursday to and in- tions including the variance.If a variance c.the appellant in the case of an appeal immediately upon its passage and pub- cluding Thursday, the --- day of request is made along with a certificate of an administrative decision; lication. of appropriateness for the Heritage First Reading: 2011;and printed Preservation Board,the Zoning Board of d.any person who deems to be appeal Aril 19,2011 below is a co Of the lower case alpha- Appeals decision is not automatically ap- ed by ad Board's decision on the appeal Second Reading:Waived copy p pealed. Final decision of the Board of of an administrative decision;and n bet from A to Z, both inclusive,which is Published: June 2,2011 Appeals would stand unless appealed any administrative officer of the City; Attest:Debra A.Mangan,City Clerk hereby acknowledged as being the size by lks a James B.Hovland,Mayor and kind of type used in the composition shall be fi edeal fwi h the rom a Clerk no laterr than (June 2,2011)D1-Ord2011-6 and publication Of the notice: C.Petitions for Variances.The owner or ten (10)days after the decision by the owners of land to which the variance re- Board.If not so filed,the right of appeal lates may file a petition for a variance shall be deemed waived,and the deci- abcdefghijklmnopgrstuvwxyz with the Planning Department.The peti- sion of the Board shall be final. tion shall be made on forms provided by the Planning Department and shall be H.Hearing and Decision by Council.The accompanied by the fee set forth in Sec- Council shall hear and decide all ap- tion 185 of this Code.The petition shall peals from the decisions of the Board, be accompanied by plans and drawings and variances associated with other land to scale which clearly illustrate, to the use applications.The Council shall follow BY: satisfaction of the Planner,the improve- the same procedures as to notices,hear- CFO ments to be made if the variance is ings, findings for variances and deci- granted.The Planner may require the sions that the Board is required to follow petitioner to submit a certificate by a reg- relative to the subject matter of the ap- istered professional land surveyor verify- peal pursuant to this Section.A favorable ing the location of all buildings,setbacks vote by the Council shall be deemed to Subscribed and sworn to or affirmed and building coverage, and certifying include a favorable finding on each ofthe before me On this 2 da Of other facts that in the opinion of the Plan- required findings even if not specifically y ner are necessary for evaluation of the set out in the approval resolution or the June 2011. petition. minutes of the Council meeting. D.Appeals of Administrative Decisions. I.Conditions on Variance Approvals.In A person who deems himself or herselfgranting a variance, the Board, or the aggrieved by an alleged error in any Council on appeal, may impose condi- order,requirement,decision or determi- tions to ensure compliance with the pur- t e nation made by an administrative officer pose and intent of this Code and to pro- in the interpretation and enforcement of tect adjacent properties. y this Section,may appeal to the Board by J.Form of Action Taken and Record.The filing a written appeal with the Planning Board,or the Council on appeal, shall Department within thirty(30)days after maintain a record of its proceedings the date of such order,requirement,de- which shall include the minutes of its JULIA I H L L K E N N cision or determination.The appeal shall meetings and final order concerning the fully state the order to be appealed and NOTARY PUBLIC-61ir1NeSOTA variance petition or appeal of adminis- �� the relevant facts of the matter. trative decision.If a variance is ranted, r.IV.:omm Ex piics.Ion.31.2015 g E.Hearing and Decision by the Board; the petitioner, at the petitioner's ex- Notice. pense,shall duly record the final order in the proper office to give constructive no- t.Notice of variance hearings shall be tice.A verified copy of such order,with mailed not less than ten(10)days before the recording data,shall be delivered to the date of the hearing to the person who he Planner.The Board,or the Council filed the petition for variance and to each on appeal,may require such order to be owner of property situated wholly or par- recorded and such verified copy to be tially within two hundred(200)feet of the delivered to the Planner before the vari- property to which the variance relates in- ance shall be effective. sofar as the names and addresses of such owners can be reasonably deter- K.Lapse of Variance by Non-User;Ex- mined by the Clerk from records main- tension of Time.