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HomeMy WebLinkAboutCity Council Ordinance 1966-03ORDINANCE NO, 66-3 The Village Council of the Vil- lage of Plymouth Do Hereby Or- dain As .Follows: Section 1. Creation of Hoard of Appeals and Adjustments. 1.f11. There is hereby created within the Village of Plymouth a Board of Appeals and Adjust- ments as required by the provi- sions of Section 462.354, Subdivi- sion 2, M.S.A. 1.02. The Planning Commission shall serve as such Board of Ap- peals and Adjustments. The min- utes of the meetings of the Plan- ning Commission shall clearly in- dicate those matters considered by the Commission while sitting as the Board of Appeals and Ad- justments. 1.03, The Board of Appeals and Adjustments shalt be advisory to the Village Council and all deci- sions made by the Board shall be transmitted to the Council in writing in the form of recommen- dations. Section 2. Duties +ori the Hoard of Appeals and Adjustments. 2.01. The Board of Appeals and Adjustments shall be charged with the following duties: (a) To hear and make recom- mendations with respect to ap- peals from any order, require- ment, decision, or dett : mination made by an administrative officer of the Village in the enforcement of the zoning ordinance. (b) To hear requests for var- iances from the literal provisions of the zoning ordinance in in- stances where their strict enforce- ment would cause undue hard- ship because of circumstances unique to the individual property under consideration and to recom- mend such variances only when it is demonstrated that such ac- tions will be in keeping with the spirit and intent of the zoning ordinance. Provided however, that neither the Board nor the Council may permit as a variance any use which is prohibited un- der the zoning ordinance for property in the zones where the affected person's land is located. (c) In the event an application for a building permit is denied on lands identified on the official map of the Village as being for public purposes, the Board shall hear and make recommendations with respect to any appeal taken by the owner of such land. In such event, the Board shall be guided by the provisions of Sec- tion 462.359, Subdivision 4, M.S.A. 2.02. No matter may be heard by the Board unless and until the appellant has been given 10 days notice in writing of the date and place of the hearing. Such notice shall be deemed to have been given when deposited in the Unit- ed States mails addressed to the appellant at his last known ad- dress, 2.03. All recommendations of the Board shall be reduced to writing and a copy thereof shall be mailed to appellants. The mailing of the minutes of the meetings of the Board shall be sufficient to satisfy this require- ment. Section 3. Effective Date. 3.01. This ordinance s hal l be- come effective upon its passage and publication. Adopted by the Village Council January 17, 1966. /s/ Loring M. Staples, Jr. Mayor. Attest: Paul E. Boog, Clerk -Administrator (W 1/27,'66) a cZ. OrdinAnce No. 66--3 AN ORDINANCE CREATING, A BOARD OF ADJUS T- itg' rS AND APPE"S AAD 1 ROY"t- ZING FOR THE TINS Ti ter' The Village Council of the Village of Plymouth Do Hereby Ordain As Follows: Section i _, Creation of Board of Appeals and Ad_lustsents 1.01. There is hereby cremated within the Village of Plymodth a Bos rd of Appeals and Adjustments as required by the provisions of Section 462.354, Sub-- divis3iou 2, B.S.A. 1.42. The Planning Commission shall serve as such Board of Appeals and Adjustments. The minutes of the meetings of the Planning Commission shall clear- ly indicate those matters nonssidered by the Commission while sitting as the Board of Appeals and Adjustments. 1.03. The Board of Appeals and Adjustments shall be advisory to the Village Council and all decisions made by the Ward shall be tranismltted to the Council in *riting in the, form of recommendatIoDs. Section 2 - Duties of the Bossard of Appeals and AdjuiM-ents 2.41. The DcaRrd of Appeals and Adjustments shall be charged with the following dutiess (sa) To clear and make recommendations with respect to appeals fres►s any order, requirement, decision, or determination sande by an ad- ministrative officer of the Village in the en- forcement of the zoning ordinance. (b) To beer requests: for variances from the liternl provisions of the zoning ordinance In instames9s where their strict enforcement would cause undue hardship because of cir- cumstsa.nces unique to the individual property under consideration and to recommend such variances only when it is demonstrated that such "tions will be in keeping cith the spirit and Intent of the zoning ordinance. Provided kowever, that neither the Board nor the Council may permit an a variance any use which is prohibited under the zoning ordinance for property in the zones where the caffrxted person's land is located. (c) In the event an application for as building permit in denied on lands: P 14"Olma,ow WO, oftiatsal SAP of. the vi31ae ''� MIS �: Ao Mtitltt to alid. Mallbe cc t�inr.. i�� 'boat de�.8�� li•iri+�n �. IRO ; wa%ter % d by tits art a"aaa and aatiX l4wr ,a 1' #i� bao4 it*p o "V* rot"r is • ri t;� of *04' fAto ply ad how." s. N"d aartloo 11 be ismo# to bw", bad tliesin rorra der *IOWWha the atAtow araiu auk"�4 to tbua a llast at l#wi U"W.t kap mww—mw. U.021. All adatioac of the lkmwd shall, be r c" to vritifg bad a co" *bow*" almll be m"l*d to appolumts. The MmAll of tb�r at at rat tbo mootim" at Novo& Ids be mattlelost to satisfy t"S ucrla t BOGUS* 8 - ■ YIrY�■■ili�Y1■1- - l. A offacti!e nyoa its aaW :ibi taut. Adopt", M! ` T11- a" Rlaunall 0 �� Vii. r SS. I.(,r!n) M. Star )a Jr.� aw■r�r+. Attest: Paul E. BOOB