Ordinance 292CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 292
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE, CONCERNING
THE BOARD OF ZONING ADJUSTMENTS AND APPEALS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20-28 of the Chanhassen City Code is amended to read:
Sec. 20-28. Board of zoning adjustments and appeals.
(a) Board Designation. The planning commission shall act as the
board of zoning adjustments and appeals.
(b) Powers. Pursuant to Minnesota Statutes section 462.357,
• subdivision 6, the board shall have the following powers:
(1) To hear and decide appeals where it is alleged that there is an
error in any order, requirement, decision or determination
made by a city employee in the administration of this chapter;
(2) To hear requests for variances from the provisions of this
chapter.
Section 2. Section 20-29 of the Chanhassen City Code is amended to read:
Sec. 20-29. Board of adjustments variance and appeal procedures.
(a) Form; fee. Appeals and applications for variances 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. The
board of adjustments and appeals may waive the application fee in unusual
circumstances.
(b) Hearing. Upon the filing of an appeal or application for
variance, the zoning administrator shall set a time and place for a hearing
before the board of adjustments and appeals on such appeal or application,
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which hearing shall be held within thirty (30) days after the filing of said
appeal or application. At the hearing the board 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 appeal or application for variance, and
in the case of an 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 the zoning administrator from records
provided by the applicant.
(c) Decisions of the board. The board shall be empowered to decide
appeals and grant variances, other than variances in conjunction with
platting, site plan review, conditional use permits and interim use permits,
when the decision of the board is by an affirmative vote of 3/4 of the
members present. A vote of less than 3/4 of the members present or any
vote on a variance in conjunction with platting, site plan review, conditional
use permits and interim use permits shall serve only as a recommendation
to the city council, who shall then make the final determination on the
appeal or variance request within thirty (30) days after receipt of the
board's action. If the board recommends approval, it may also recommend
• appropriate conditions. The board shall act upon all appeals and variance
requests within fifteen (15) days after the date of the close of the required
hearing.
•
(d) Appeal from decisions of the board. A city council member, the
applicant, or any aggrieved person may appeal such decision to the city
council by filing an appeal with the zoning administrator within four (4)
days after the date of the board's decision.
(e) Council action. By majority vote, the city council may reverse,
affirm or modify, wholly or partly, the decision appealed from the board,
and to that end the city council shall have all the powers of the board, or
the city council may approve or deny the variance request. The council
shall decide all appeals within thirty (30) days after the date of the required
hearing thereon. In granting any variance the city council may attach
conditions to ensure compliance with this chapter and to protect adjacent
property.
(f) Action without decision. If no decision is transmitted by the
board to the city council within sixty (60) days from the date an appeal or
variance request is filed with the zoning administrator, the council may take
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LJ
action on the request, in accordance with the procedures governing the
board, without further awaiting the board's decision or recommendation.
Section 3. Section 20-31 of the Chanhassen City Code is repealed in its entirety.
Section 4. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 26th day of April , 1999, by the City
Council of the City of Chanhassen.
CITY OF CHANHASSEN
By:14,L, K
Nancy K.OMancino, Mayor
ATTEST:
By:
Todd Gerhardt, Acting Clerk/Manager
(Published in the Chanhassen Villager on April 29 , 1999).
71197.03 3
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
• ORDINANCE NO. :292
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE, CONCERNING
THE BOARD OF ZONING ADJUSTMENTS AND APPEALS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
THIS ORDINANCE amended Chapter 20 of the Chanhassen City Code by designating
the Planning Commission as the Board of Zoning Adjustments and Appeals.
Section 1. This section amended Chanhassen City Code Section 20-28 by designating the
Planning Commission as the Board of Zoning Adjustments and Appeals.
Section 2. This section amended Chanhassen City Code Section 20-29(c) to permit the
Planning Commission to hear appeals and requests for variances, including variances in
conjunction with platting, site plan review, conditional use permits and interim use permits. This
amendment also permits the Planning Commission to decide appeals and grant variances, other
than variances in conjunction with platting, site plan review, conditional use permits and interim
use permits, when the board's decision is by an affirmative vote of 3/4 of the members present.
Section 3. This section deleted Chanhassen City Code Section 20-31 which authorized
the Planning Commission to hear variances in conjunction with platting, site plan review,
is conditional use permits and interim use permits, since this authority has been incorporated into
Section 20-29.
A printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the City Clerk.
PASSED AND ADOPTED this 26th day of April , 1999, by the City Council
of the City of Chanhassen.
CITY OF CHANHASSEN
I
By:
Nancy . Mancino, Mayor
ATTEST:
B
Y•
Todd Gerhardt, Acting Clerk/Manager
(Published in the Chanhassen Villager on April 29 , 1999).
71791
C-D 9 iC)__
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES•, MINNESOTA -
ORDINANCE NO.
AN ORDINANCE, AMENDING
CHAPTER 20 OF THE
CILANHASSEN CITY CODE, THE
ZONING ORDINANCE,
CONCERNING THE BOARD OF
ZONING ADJUSTMENTS AND
APPEALS
THE CITY .COUNCIL -OF THE
CITY OF CHANHASSEN ORDAINS:.
THIS ORDINANCE amended Chap-
ter 20 of the Chanhassen City Code by
designating the Planning Commission as
the Board of Zoning Adjustments and
Appeals.
Section 1. This section amended
Chanhassen City Code Section 20-28 by
designating the Planning Commission as
the Board of Zoning Adjustments and
Appeals.
Section 2. This section amended
Chanhassen City Code Section 20-29(c)
to permit the Planning Commission to hear
appeals and requests for variances, includ-
ing variances in conjunction with platting,
site plan review, conditional use permits
and interim use permits. This amendment
also permits the Planning Commission to
decide appeals and grant variances; other
than variances in conjunction with `plat-
ting, site plan review.,-condir"tonal use per-
mits and interim use permits,: i hen, the
board's decisit> iYtLffirm>tt ve`vote
....
of 3/4 of the members_ present.
Section 3. This section deleted
Chanhassen City Code Section 20-31wilich
authorized the Planning Commission to
hear varies at-
,
-
>.
ton 11,
av - �r inspection by, any person
during regular office hours at the office of
the City Clerk.
PASSED AND ADOPTED this 26th
day of April,1999, by the City Council of
the City of Chanhassen.
CITY OF CHANHASSEN
By: Nancy K. Mancino,
Mayor -
ATTEST:
Todd Gerhardt, Acting Clerk/Manager
(Published in the Chanhassen Villager on
Thursday, April 29, 1999; Ito. 4005)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and
has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.
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 ui e of type used in the composition
and publication of the Notice:
abcdefghijklmnopgrstu
Subscribed and sworn before me on
r
this day of 1999
oe
�z
Notary Public
By:
Rolfsrud, General Manager
or his designated agent
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GWEN M. RADIlENZ
poi i,
NOTARY P! .SIC-I�..NIvESOTA
MY COMMISSION EXPIRES 1-31-00
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.. $12.50 per column inch
Maximum rate allowed by law for the above matter .............................. $12.50 per column inch
Rate actually charged for the above matter .............................................. $8.78 per column inch