Memo- Second Reading for Ordinance 2011-10300 MEMO
To: City Council
From: Nancy Anderson
Date: July 14, 2011
Subject: Second Reading for Ordinance 2011-1030
Attached is Ordinance 2011-1030 for second reading. This ordinance will amend the
variance section of the zoning ordinance.
At the first reading the Mayor asked staff to check if other cities were also amending
their zoning ordinances to comply with the new language. In checking with other cities
regarding the status of amending their zoning ordinances, Golden Valley and St. Louis
Park are in the process and Minnetonka has amended their ordinance. Also in talking
with the City Administrator from Falcon Heights, Falcon Heights is also in the process of
• amending their zoning ordinance.
The City Council's action is to approve the ordinance for second reading and order it
published.
Attachment
•
• 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 an undue hardship practical
difficulties because of circumstances unique to the individual property under
consideration, and that the granting of a variance *e�e e�Ete is necessary to compensate
• for said hafdship practical difficulty is in keeping with the intent of this code.
525.15 Subd. 2. Procedure. At the board's 3* 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.
EFTF—RF-CM-1 W.1
OWN
Subd 149. Practical difficulties: as used in connection with the Qrantina 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 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 undue hardship practical difficulties due to circumstances peculiar
and unique to such parcel.
Subd 149. Practical difficulties: as used in connection with the Qrantina 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 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 undue hardship 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:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Deborah L. Sperling, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
July 5, 2011
July 19, 2011
July 28, 2011
July 28, 2011
Eugene J. Maxwell, Mayor
Date