Ordinance 131•
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 131
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN
CITY CODE, THE ZONING ORDINANCE, CONCERNING VARIANCES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20-28(b)(2) of the Chanhassen City Code
is amended to read:
To hear requests for variances from the provisions of this
Chapter which are not made in conjunction with platting,
site plan review, conditional use or interim use permit
application.
Section 2. The caption of Section 20-29 of the Chanhassen
City Code is amended to read:
Sec. 20-29. Board of Adjustments Variance and Appeal
Procedures.
• Section 3. The Chanhassen City Code is amended by adding
Section 20-30 to read:
Sec. 20-30. Variance Requests in Conjunction with Platting,
Site Plan Review, Conditional Use and Interim
Use Permits.
(a) Form; Fee. Appeals and applications for variances
from the provisions of this Chapter made in conjunction with
platting, site plan review, conditional use and interim use
permits and variance from the subdivision ordinance shall be
filed with the zoning administrator on prescribed forms. A
fee, as established by the City Council, shall be paid upon
the filing of an application.
(b) Hearing. Upon the filing of such variance
applications the zoning administrator shall set a time and
place for a hearing before the Planning Commission on the
application, which hearing shall be held within thirty (30)
days after the filing of the application. At the hearing the
Planning Commission shall hear such persons as wish to be
heard, either in person or by attorney or agent. Notice of
such hearing shall be mailed not less than ten (10) days
before the date of hearing to the person who filed the
application for variance, to each owner of property situated
wholly or partially within five hundred (500) feet of the
• property to which the variance application relates. The
names and addresses of such owners shall be determined by
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•
the zoning administrator from records provided by the
applicant.
(c) Recommendation. Following the public hearing the
Planning Commission shall recommend to the City Council that
the variance be granted or denied. If the Planning
Commission recommends approval, it may also recommend
appropriate conditions.
(d)
Council Action. By majority vote, the
Council may approve o
granting any variance
to ensure compliance
adjacent property.
r deny the variance request.
City
In
the City Council may attach conditions
with this Chapter and to protect
(e) Action Without Decision. If a decision is not
promptly transmitted by the Planning Commission to the City
Council, the Council may take action on the request without
further awaiting the Planning Commission's recommendation.
Section 4. Section 20-56 of the Chanhassen City Code is
amended to read:
Sec. 20-56. Generally.
A variance from this Chapter may be requested only by
• the owner of the property or the owner's approved
representative to which the variance would apply. A variance
may not be granted which would allow the use of property in
a manner not permitted within the applicable zoning
district. A variance may, however, be granted for the
temporary use of a one -family dwelling as a two-family
dwelling. In granting any variance, conditions may be
prescribed to ensure substantial compliance with this
Chapter and to protect adjacent property.
Section 5. Section 20-58 of the Chanhassen City Code is
amended to read:
Sec. 20-58. General Conditions for Granting.
A variance may be granted by the Board of Adjustments
and Appeals or City Council only if all of the following
criteria are met:
(a) That the literal enforcement of this Chapter would
cause undue hardship. "Undue hardship" means the property
cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use
includes a use made by a majority of comparable property
within five hundred (500) feet of it. The intent of this
provision is not to allow a proliferation of variances, but
• to recognize that in developed neighborhoods pre-existing
standards exist. Variances that blend with these pre-
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•
•
r�
existing standards without departing downward from them meet
this criteria.
(b) That the conditions upon which a petition for a
variance is based are not applicable, generally, to other
property within the same zoning classification.
(c) That the purpose of the variation is not based
upon a desire to increase the value or income potential of
the parcel of land.
(d) That the alleged difficulty or hardship is not a
self-created hardship.
(e) That the granting of the variance 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.
(f) 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 increases the danger of fire, or endanger the public
safety or substantially diminish or impair property values
within the neighborhood.
Section 6. This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 9th
day of July , 1990.
ATTEST*
Don Ashworth-,---Clerk/Manager
Donald Jmiel, Mayor
i
(Published in the Chanhassen Villager on July 19 , 1990.)
-3-
ORDINANCE NO. 131
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
AN ORDINANCE AMENDING
CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE
ZONING ORDINANCE
The ordinance revisions replace the
original findings of fact needed to sup-
port a variance approval. They are to be
replaced with revised language that will
afford the Board of Adjustments and
Appeals and City Council, enhanced
flexibility in considering these requests.
The ordinance revisions define `undue
hardship' as meaning that the property
cannot be put to a reasonable use because
of its size, physical surroundings, shape,
or topography. It further defines `reason
able use' to include a use made by a
majority of comparable property within
500 feet of it. The ordin4nce revisions
further clarify and revise the review promss
for variances associated with platting,
site plan review, conditional and interim
use permits will be reviewed by the Plan-
ning Commission with a public hearing
held before that board with ultimate
approval, by the City Council. Variances
associated with other aspects of ordi-
nance enforcement will continue to be
reviewed by the Board of Adjustments
and Appeals.
Enfowatnent of this ordinance shall
be wbje l tip dia. ii i of the Zoning
ordinsince. I$& e k i in lull force
oana�tnc�n` on the dab of publication
of this summary. _
Don Ashworth
City Manager
(Published in the Chanhassen Villager
Thursday, July 19, 1990; No. 414) -
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota
County of Carver
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher of the newspaper known as the Chaska Herald
and the Chanhassen Villager and has full knowledge of the facts herein stated as follows:
(A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. L4 , was published on
the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part
of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used
in the composition and publication of the Notice:
abcdefghijklmnopgrstuvwxyz
By:
Sta Rolfs enera Hager
Subscribed and sworn before me on
this Iq d o07U 1990
tet..
Notary Public
r . THERESA M. LAVH
NOTARY PUBIC
HENNEPIN COUNTY
.. my COMMISSI)I EXPIRES 3$26
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ............................ $6.68 per column inch
Maximum rate allowed by law for the above matter.......................................................... $6.68 per column inch
Rate actually charged for the above matter.......................................................................... $5.56 per column inch