HomeMy WebLinkAbout2011-13 Amending Section 850.04 ORDINANCE NO. 2011-13
AN ORDINANCE AMENDING THE EDINA CITY CODE
CONCERNING VARIANCES
The City Of Edina Ordains:
Section 1. Subsection 850.04. Subd. 2 paragraphs F and I are amended to read:
F. Findings for Variances.
1. The Board shall not grant a petition for a variance unless it finds:
a. that the variance would be in harmony with the general purposes
and intent of this section; and
b. that the variance would be consistent with the comprehensive
plan; and
c. that there are practical difficulties in complying with this section.
2. "Practical difficulties" means the following:
a. that the property owner proposes to use the property in a
reasonable manner not permitted by this section; and
b. that the plight of the landowner is due to circumstances unique to
the property not created by the landowner; and
c. that the variance, if granted, will not alter the essential character
of the locality.
3. Economic considerations alone do not constitute practical difficulties.
4. Practical difficulties include, but are not limited to, inadequate access
to direct sunlight for solar energy systems,
5. Variances shall be granted for earth sheltered construction as defined
in Minnesota Statutes 216C.06, Subd. 14 when in harmony with this
section.
6. No variance may be granted that would allow any use that is not
allowed in the zoning district in which the subject property is located.
Ordinance No. 2011-13
Page Two
7. A variance may be approved for the temporary use of a one family
dwelling as a two family dwelling.
8. 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.
I. Conditions on Variance Approvals. In granting a variance, the Board, or the
Council on appeal, may impose conditions. A condition must be directly related
to and must bear a rough proportionality to the impact created by the
variance.
Section 2. This ordinance is effective immediately upon its passage and publication.
First Reading: July 5, 2011
Second Reading: Waived
Published: August 4, 2011
JJ�
Attest Debra A. Mangen, ity rk James B. ovland, Mayo
Please publish in the Edina Sun Current on: Thursday,August 4, 2011
Send two affidavits of publication.
Bill to Edina City Clerk
www.MinnLocal.com City of Edina
(Official Publication)
ORDINANCE NO.2011-13
AN ORDINANCE AMENDING THE
EDINA CITY CODE
CONCERNING VARIANCES
wR �� The City Of Edina Ordains:
M E D I A Section 1. Subsection 850.04.Subd.2
paragraphAFFIDAVIT OF PUBLICATION F.Findings o Variannd I eamendedtoread:
F.Findings for Variances.
STATE O F M I N N ESOTA ) 1.The Board shall not grant a petition for
a variance unless it finds:
)SS. a.that the variance would be in harmony
COUNTY OF HENNEPIN ) with the general purposes and intent of
this section;and
Richard Hendrickson, being duly sworn on b.that the variance would be consistent
an oath,states or affirms that he is the Chief with the comprehensive plan;and
Financial Officer of the newspaper(s)known c.that there are practical difficulties in
as complying with this section.
Edina Sun-Current 2."Practical difficulties"means the fol-
lowing:
a.that the property owner proposes to
use the property in a reasonable manner
and has full knowledge of the facts stated not permitted by this section;and
below: b.that the plight of the landowner is due
(A)The newspaper has complied with all of to circumstances unique to the property
not created by the landowner;and
the requirements constituting qualifica c,that the variance, if granted,will not
tion as a qualified newspaper as provid- alter the essential character of the locali-
ed by Minn. Stat. §331A.02, §331A.07, tv
and other applicable laws as amended. 3.Economic considerations alone do not
(B)The printed public notice that is attached constitute practical difficulties.
was published in said newspaper(S) 4.Practical difficulties include,butare not
limited to, inadequate access to direct
once each week,for one successive sunlight for solar energy systems,
week(s);it was first published on Thurs- 5.Variances shall be granted for earth
day,the 4 day of Augustsheltered construction as defined in Min-
nesota Statutes 216C.06,Subd.14 when
2011, and was thereafter printed and in harmony with this section.
published on every Thursday to and in- 6.No variance may be granted that would
cluding Thursday, the ___ day Of allow any use that is not allowed in the
2011;and printed zoning district in which the subject prop-
2011; erty is located.
below is a copy of the lower case alpha- 7.A variance may be approved for the
bet from A to Z, both Inclusive, which Is temporary use of a one family dwelling as
hereby acknowledged as being the size a two family dwelling.
and kind of type used in the composition 8.A favorable vote by the Board shall be
deemed to include a favorable finding on
and publication Of the notice: each of the foregoing matters even if not
specifically set out in the approval reso-
abcdefghijklmnopgrstuvwxyz lution or the minutes of the Board meet-
ing.
I.ConditionsVariance Approvals. In
granting a variance,the Board, or the
Council on appeal, may impose condi-
tions.A condition must be directly related
BY: (�2- 1`� Z�to and must bear a rough proportionality
to the impact created by the variance.
CFO Section 2. This ordinance is effective
immediately upon its passage and publi-
cation.
Subscribed and sworn to or affirmed First Reading:July 5,2011
Second Reading:Waived
before me on this 4 day of Published:August 4,2011
August , 2011. Attest
Debra A.Mangan,City Clerk
c James B.Hovland,Mayor
(Aug.4,2011)D1-Ord2011-13
Notary Public
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