CR 11-059 Zoning Ordinance Amendments - Variance• June 30, 2011 N o P K i N S Council Reportl 1-59
ZONING ORDINANCE AMENDMENTS - VARIANCE
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 11-33 approving Ordinance
11-1030 amending the zoning ordinance regardingLvariances for first reading
At the Zoning and Planning meeting, Ms. Naef moved and Ms. Cummings seconded a motion
to adopt Resolution RZ 11-7, recommending approval of Ordinance 11-1030, amending the
zoning ordinance regarding variances. The motion was approved unanimously.
Overview
Last summer the Minnesota Supreme Court affirmed that in order to receive a variance, the
applicant had to have an undue hardship. Since the undue hardship is a difficult standard, the
Legislature this year changed the standard to practical difficulties. Practical difficulties is not as
difficult to determine as undue hardship, but variances still have to be granted as defined in the
• state statute.
Since the State Statue has been changed the City of Hopkins zoning ordinance needs to be
amended to be in compliance with the State Statue.
is
Primary Issues to Consider
• What are the proposed amendments?
• What is the staff recommendation?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
Analysis of Issues
Resolution 11-33
• Ordinance 11-103 0
ff",�
Nancy CAnderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CRI 1-59
Page 2
0 Primary Issues to Consider
What are the proposed amendments?
525.07 Subd. 2. Hearing. Application for variances shall be referred by the zoning
administrator to the board, which shall hear the applicant or representative thereof, at its next
regular meeting, provided all necessary data has been submitted. The board shall recommend
such conditions relating to the granting of a variance as it deems necessary to adjust the
hardship practical difficult X or special situation so as to carry out the intent and purpose of this
code or shall recommend denial of the request.
525.07. Subd. 3. Findings: issuance of variance. Prior to the board formulating a decision and
the conditions in support thereof, it must find that the literal enforcement of the provisions of
the zoning ordinance would cause an tindue hafdship practical difficulties because of
circumstances unique to the individual property under consideration, and that the granting of a
variance to the ext is necessary to compensate for said hardship practical difficulty is in
keeping with the intent of this code.
525.15 Subd. 2. Procedure. At the board's May meeting, the board shall elect from its
membership a chair and vice chair. The board shall formulate and adopt rules of procedure.
• Meeting of the board shall be scheduled once each month at a time and place to be specified in
the rules and procedures. There shall be a fixed place of meeting. Meetings are open to the
public.
Mm
Subd 149. Practical difficulties: as used in connection with the granting of a variance means
that the property owner proposes to use the property in a reasonable manner not permitted by
an official control,• the plight of the landowner is due to circumstances unique to the property
not created by the landowner: and the variance, if granted, will not alter the essential character
of the locality.
Subd. 193. Variance: a modification or variation from the provision of this code or variation
from its provision granted by the board and applying to a specific parcel of property because of
undue hafdship practical difficulties due to circumstances peculiar and unique to such parcel.
• What is the staff recommendation?
• Staff is recommending approval of the proposed ordinance.
Subd 149. Practical difficulties: as used in connection with the granting of a variance means
that the property owner proposes to use the property in a reasonable manner not permitted by
an official control,• the plight of the landowner is due to circumstances unique to the property
not created by the landowner: and the variance, if granted, will not alter the essential character
of the locality.
Subd. 193. Variance: a modification or variation from the provision of this code or variation
from its provision granted by the board and applying to a specific parcel of property because of
undue hafdship practical difficulties due to circumstances peculiar and unique to such parcel.
• What is the staff recommendation?
• Staff is recommending approval of the proposed ordinance.
CRI 1-59
Page 3
•
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed ordinance. No one appeared at the public hearing
regarding this item.
Alternatives.
1. Approval the amendments to the zoning ordinance. By approving the amendments to the
zoning ordinance, the Zoning Ordinance will be amended.
2. Deny the amendments to the zoning ordinance. By denying the amendments to the zoning
ordinance, the Zoning Ordinance will not be amended. If the City Council considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
•
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CITY OF HOPKINS
• Hennepin County, Minnesota
RESOLUTION NO: 11-33
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING ZONING AMENDMENTS TO VARIANCES
WHEREAS, an application for Zoning Amendment ZN11-3 has been initiated by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was initiated by the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on June 28, 2011:
all persons present were given an opportunity to be heard;
• 3. That the written comments and analysis of City staff were considered.
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NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN11-3
is hereby approved based on the following Findings of Fact:
1. That the State Legislature of Minnesota amended the Statute regarding
variances.
2. That the Zoning and Planning Commission reviewed the proposed
ordinance.
3. That the City of Hopkins is amending the variance ordinance to comply
with the new standards for variances.
Adopted this 5th day of July 2011.
ATTEST:
Deborah L. Sperling, City Clerk
Eugene J. Maxwell, Mayor
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2011-1030
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the Hopkins Zoning Ordinance No. 515-570 be, and the same and is hereby
amended by amending and adding the following sections:
525.07 Subd. 2. Hearing. Application for variances shall be referred by the zoning
administrator to the board, which shall hear the applicant or representative thereof, at its
next regular meeting, provided all necessary data has been submitted. The board shall
recommend such conditions relating to the granting of a variance as it deems necessary to
adjust the hardship practical difficult X or special situation so as to carry out the intent
and purpose of this code or shall recommend denial of the request.
525.07. Subd. 3. Findings: issuance of variance. Prior to the board formulating a
decision and the conditions in support thereof, it must find that the literal enforcement of
the provisions of the zoning ordinance would cause antmdue hardship practical
difficulties because of circumstances unique to the individual property under
• consideration, and that the granting of a variance }e the extei4 is necessary to compensate
for said Islip practical difficulty is in keeping with the intent of this code.
525.15 Subd. 2. Procedure. At the board's 3aly May meeting, the board shall elect from
its membership a chair and vice chair. The board shall formulate and adopt rules of
procedure. Meeting of the board shall be scheduled once each month at a time and place
to be specified in the rules and procedures. There shall be a fixed place of meeting.
Meetings are open to the public.
Subd 149. Practical difficulties: as used in connection with the granting of a variance
means that the property owner proposes to use the property in a reasonable manner not
permitted by an official control; the plight of the landowner is due to circumstances
uniaue to the nronertv not created by the landowner; and the variance. if granted. will not
alter the essential character of the locality.
Subd. 193. Variance: a modification or variation from the provision of this code or
• variation from its provision granted ,by the board and applying to a specific parcel of
property because of tmdue hafdship practical difficulties due to circumstances peculiar
and unique to such parcel.
0 Other uses listed in Section 515 are to be renumbered accordingly.
First Reading: July 5, 2011
Second Reading: July 19, 2011
Date of Publication: July 28, 2011
Date Ordinance Takes Effect: July 28, 2011
ATTEST:
Deborah L. Sperling, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
C]
Eugene J. Maxwell, Mayor
Date