HomeMy WebLinkAboutCity Council Packet 11-05-1990 SpecialCITY COUNCIL & BOARD OF ZONING ADJUSTMENTS & APPEALS JOINT MEETING
A meeting is scheduled with the City Council and the Board of Zoning
Adjustments & Appeals on Monday November 5, 1990 at 5:00 p.m. in the City
Council Conference Room. A light dinner will be served.
AGENDA
1. Introductions: Mayor Kim Bergman and Chairperson Jay Naftzger
2. The role of the Board of Zoning Adjustments & Appeals
3. Variances from Shoreland Management Regulations
4. Side yard setbacks for attached accessory structures for single family
dwellings
ADJOURNMENT - 6:45 p.m.
PLYMOUTH ZONING ORDINANCE
Section 11, Subdivision C
SUBDIVISION C - BOARD OF ZONING ADJUSTMENTS AND APPEALS
1. Creation and Membership:
A Board of Zoning Adjustments and Appeals is hereby established and vested
with such administrative authority as is hereinafter provided. Such Board
shall consist of one member of the Planning Commission and six (6)
citizens. The Zoning Administrator shall serve as an exofficio member
without the right to vote on matters before the Board. The seven (7) Board
members shall be appointed by the Mayor and City Council. The Board shall
serve without compensation. Its Planning Commission member shall be
appointed for a term coinciding with his term on the Planning Commission
and its citizen members shall be appointed for two (2) year terms. The
Zoning Administrator shall act as Secretary of the Board. The Mayor shall
appoint the Chairman from the citizen members of the Board.
2. Powers:
The Board shall have power to hear appeals from administrative
determinations and questions of doubt concerning the exact location of
District boundary lines, to hear appeals of administrative determinations
from and to grant adjustment in and exceptions to any of the provisions of
this Ordinance, except those adjustments and exceptions governed by City
Council determination as specified by Section 11, Subdivision A, to the
extent of the following and no further:
a. To consider applications for variances and modifications in any of the
provisions of this Ordinance relating to:
1) Height, yard, area and lot width and depth regulations.
2) Sign dimension and location regulations for properties other than
those in approved Planned Unit Developments, provided that no
variance shall be granted contrary to the requirements of the
Minnesota Outdoor Advertising Control Act and provided further
that no variances shall be granted to permit signs in districts or
places where such signs are prohibited or not allowed. (Amended
Ord. No. 84-24) (Amended Ord. No. 89-26)
3) Parking and loading regulations.
4) Fence regulations.
5) Minimum floor area requirements.
6) District boundary lines for Special Protection Districts (Section
6) provided the purpose and intent of the Districts are maintained
and the provisions of Section 6, Subdivision A Paragraph 5 e are
given due consideration in the cases of both the Flood Plain
Overlay District and the Shoreland Management Overlay District.
Amended Ord. No. 82-33)
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PLYMOUTH ZONING ORDINANCE
Section 11, Subdivision C
b. The decision of the Board shall be final subject only to the right of
any applicant or person affected by such decision to appeal such
decision to the Council. Notice of such appeal must be filed with the
City Clerk within a period of twenty (20) days from and after a copy of
the Board's order has been mailed to the applicant at the address
furnished by the applicant in his application.
c. The representative of the Planning Commission serving on the Board
shall report to the Board any views of the Planning Commission which
might affect the decision of the Board. Upon the request of such
representative the Board shall delay the issuance of its Order pending
a review and report of the matter by the Planning Commission. Unless
such a request is made, the Board shall make its Order and report
thereon within 15 days from and after the date of the hearing.
d. The Board shall not approve any application and the Council upon appeal
shall not grant any application unless they find the following
1) That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved,
a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations
were to be carried out.
2) That the conditions upon which a petition for a variation is based
are unique to the parcel of land for which the variance is sought
and are not applicable, generally, to other property within the
same zoning classification.
3) That the purpose of the variation is not based exclusively upon a
desire to increase the value or income potential of the parcel of
land.
4) That the alleged difficulty or hardship is caused by this
Ordinance and has not been created by any persons presently having
an interest in the parcel of land.
5) That the granting of the variation will not be detrimental to the
public welfare or injurious to other land or improvements in the
neighborhood in which the parcel of land is located.
6) That the proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion of the public streets, or increase the danger of fire,
or endanger the public safety, or substantially diminish or impair
property values within the neighborhood.
3. Application and Procedure:
a. Application for the Adjustments and Appeals permitted under the
provisions of this Section shall be in writing and made to the Zoning
Administrator. The application shall include the following:
PLYMOUTH ZONING ORDINANCE
Section 11, Subdivision C
1) A completed application form provided by the City and the fee
established by City Code, in addition to the required Building
Permit fee, if any.
2) A written description of the request for the adjustment or the
appeal, including an explanation of compliance with the variance
criteria set forth in this Section.
3) Supporting materials determined by the Zoning Administrator to be
necessary for the complete and clear definition and understanding
of the request. Such materials include, but are not limited to,
the following: maps, certified surveys, building plans, plat
plans and other narrative materials.
b. Upon receipt of a complete application, the Zoning Administrator shall
establish a time and place for a hearing before the Board. At least,
ten days before the date of the hearing, a written Notice of Hearing
shall be mailed to the applicant and to all other persons who, in the
judgment of the Zoning Administrator, may be affected by the decision
of the Board. The Zoning Administrator shall provide a copy of the
application and related materials to the Board prior to the scheduled
meeting.
c. The Board shall consider the application at the scheduled hearing in
accordance with rules and procedures for such hearings as established
by the Board. The Board shall make its final Order on the application
within thirty days of the hearing.
d. In granting any adjustment or variance under the provisions of this
Subdivision, the Board shall designate such conditions in connection
therewith as will, in its opinion, secure substantially the objectives
of the regulations or provision to which the adjustment or variance is
granted, as to light, air, and the public health, safety, comfort,
convenience and general welfare.
e. In all cases in which adjustments or variances are granted under the
provisions of this Subdivision, the Board and the City Council upon
appeal shall require such evidence and guarantees as it may deem
necessary to insure compliance with the conditions designated in
connection therewith.
f. The Zoning Administrator shall serve a copy of the final Order of the
Board upon the appellant or petitioner by mail.
Amended by Ord. No. 82-08)
4. Appeal of Board Ruling
a. Written notice of an appeal to the City Council of a ruling by the
Board must be filed with the City Clerk within twenty days from and
after the copy of the Board's Order has been mailed to the appellant or
petitioner at the address furnished on the application.
b. Such appeal shall be placed upon the agenda of the City Council by the
City Manager together with a copy of the original application and
findings and Minutes of the Board.
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PLYMOUTH ZONING ORDINANCE
Section 11, Subdivision C
c. The City Council will consider the appeal of the Board's Order and will
make its finding by Resolution which shall include the reasons
therefore. (Amended by Ord. No. 82-08)
5. Expiration
Building Permits for which variances or adjustments from the standards of
this Ordinance have been granted by an Order of the Board or of the City
Council, shall be taken within one year of the date of the Order by the
Board or by the City Council. The Order for such variances or adjustments
by the Board or by the City Council shall expire if the Building Permits
have not been taken by then; provided -that the Zoning Official may continue
the Order for the variances or adjustments for reasonable time upon written
request of the petitioner, upon determination by the Zoning Official that
the proposed development and the related standards of this Ordinance have
not changed from those considered with the original application. The
Zoning Administrator shall require a new application and a new hearing as
provided by this Section when, after one year from the date of the Order,
it is determined that the applicable Ordinance standards have changed; or
when, at any time following the issuance of the Order, it is determined
that the circumstances and/or plans of the original request have changed
relative to the adjustment or variance. (Amended by Ord. No. 82-08)
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