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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 VIEDDIAINF L ELIP�SnN r,oJnF3v rueuC r rr_sorA C�nun F.xPn es J 11.?PI i