CR 94-127 Variance - Subdivision Ordinance
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. July 1, 1994 .0;. _, '" Council Report 94-127
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VARIANCE REQUEST - SUBDIVISION ORDINANCE
Proposed Action.
Staff recommends the following motion: Move to refer the request for a variance from the
subdivision moratorium ordinance for a subdivision of 7 Webster Place to the Zoning and
Planning Commission for review and recommendation.
Overview.
On May 17, 1994, the City Council held a second reading on a moratorium for subdivisions
within the City. The moratorium allows that variances can be granted from the subdivision
moratorium if a proposed subdivision would be in keeping with the spirit and intent of the
proposed ordinance.
Greg Hayes, owner of 7 Webster Place has applied for a subdivision of this lot. At the May
Zoning and Planning meeting, the Planning Commission tabled the application because of the
subdivision moratorium. Mr. Hayes has applied for a variance from the subdivision
moratorium ordinance. The moratorium states that variance applications shall be submitted to
. the City Council and the City Council may refer the application to the Zoning and Planning
Commission for review and recommendation.
Please note that Hayes has served the City with a summons and complaint. The complaint
essentially requests that the court find that Hayes is exempt from the moratorium ordinance
and that the City must grant approval of the subdivision. The complaint also requests that the
City pay monetary damages to Hayes. Although Hayes has taken legal action against the City,
the City's legal counsel is still recommending that we process the variance application.
Primary Issues to Consider.
o What is the staff recommendation?
Based upon the City's legal counsels opinion, staff is recommending that the variance request
is referred to the Zoning and Planning Commission for review and comment. If the City
Council refers the variance request to the Zoning and Planning Commission, it will be on their
July 26 agenda.
Supportim! Documents.
o Subdivision moratorium ordinance
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. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 94-739
AN ORDINANCE ESTABLISHING A MORATORIUM ON SUBDIVISIONS WITHIN THE
CITY OF HOPKINS
WHEREAS, it has been determined that it is necessary for the health, safety, and welfare
of the residents of the City of Hopkins to study and consider amendments to the Subdivision
Ordinance within the City
WHEREAS, Minnesota State Statues 462.355 subd, 4 allows a city to adopt an interim
ordinance when undertaking a study to revise the subdivision ordinance by amendment.
NOW THEREFORE, BE IT ORDAINED by the City of Hopkins, Minnesota,
Effective upon adoption of this ordinance, a moratorium shall be imposed upon the
approval of all subdivisions within the City.
This moratorium shall be for the purpose of allowing the City of Hopkins to study and
. consider amendments to the Subdivision Ordinance and shall expire June 7, 1995 or upon the
enactment of amendments concerning this matter, whichever comes first.
Variances from this Ordinance may be granted by the city council based upon a
determination that a proposed subdivision would be in keeping with the spirit and intent of this
Ordinance. The procedures to be followed in applying for a variance from this moratorium shall
be accordance with section 525.07 of the Hopkins Zoning Ordinance and shall include the
following:
1) The applicant shall file a completed application form, together with required exhibits to
the planning department.
2) The application for a variance shall set forth the special circumstances or conditions
which the applicant alleges to exist, and shall demonstrate that the proposed
subdivision is compatible with the proposed subdivision ordinance.
3) The variance application shall be submitted to the city council for their review and
comment. The city council may refer the application to the zoning and planning
commission for review and recommendation.
4) The city council may, in its discretion, set a public hearing prior to making a final
determination on the requested variance.
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. 5) The city council may impose such restrictions upon the proposed subdivision as may be
necessary to comply with the purpose and intent of this moratorium.
First Reading: May 3, 1994
Second Reading: May 17,1994
Date of Publication: May 25, 1994
Date Ordinance Takes Effect June 14, 1994
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
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