7 Board of Adjustments7
CITYOF
7i{y Center Drive, PO Box 147
anhassen, Minnesota 55317
Phone 612.93Z 1900
?eneral Fax 612.937.5739
;ineering Fax 612937.9152
lic Safe~ Eax 612.934.2524
'b wwtv. ci. chanhassen, mn. us
TO:
FROM:
DATE:
SUB J:
MEMORANDUM
Todd Gerhardt, Acting City Manager ~
Kate Aanenson, AICP, Community Development Director
April 6, 1999
Board of Zoning Adjustments and Appeals Ordinance Amendment
The Planning Commission will be reviewing this item on April 7, 1999. Minutes
from the meeting will be available on Monday evening. Staff will provide a
verbal update at the Council work session.
Cio~vf Chanhassen. A grawing cammuniq with clean lakes, qualiq schooh, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play.
CITYOF
690 O~ Center Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612. 937. 5739
Engineering tax 612.937.9152
Public Safe~y tax 612.934,2524
Web www. ci. chanhassen, mn, us
MEMORANDUM
TO:
Planning Commission
FROM:
Kate Aanenson, AICP, Community Development Director
DATE: March 29, 1999
SUB J:
Board of Zoning Adjustments and Appeals Ordinance Amendment
Background
This item was previously discussed as a proposal from the City council. The
intent of this amendment is to allow the Planning Commission to act as the Board
of Adjustments, thus eliminating the Board and expediting applications for
variances and appeals. This is an ordinance amendment which requires a public
hearing.
Analysis
The proposed amendment designates the Planning Commission as the Board of
Zoning Adjustments and Appeals pursuant to MN Statutes 462.357 Subdivision 6.
The board's power is outlined in the ordinance.
The board is empowered to decide appeals and grant variances, other than
variances in conjunction with platting, site plan review, conditional use permits
and interim use permits. Variance requests that are a part of other applications
will be handled by the Planning Commission as they have in the past. The
decision of the board is by an affirmative vote 4/5 of the entire board.
Appeals from the decision of the board must be filed within four days after the
date of the board's decision. The city council may, by majority vote, reverse,
affirm or modify wholly or partly the appealed decision.
Andrea Poehler from the City Attorney's Office will be at the Planing
Commission meeting to answer any questions you may have regarding the
proposed amendment.
RECOMMENDATION
Staff is recommending approval of the prOPosed amendment to Chapter 20,
Section 20-28, Board of zoning adjustments and appeals and Section 20-29, Board
of adjustments variance and appeals procedures, and repealing Section 20-31.
The Gey of Chanhassen, A growing community with clean lakes, quality schools, a charming downtown, thrivine businesses, and beautiful oarks. A ereat olace to live, work, anc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
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.
(o) 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.
Po) 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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R:3/25/99
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 4/5 of the entire
board. A simple majority vote or split vote by the board 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 rec~q.~mend fl~ropriate
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
action on the request, in accordance with the procedures governing the
board, without further awaiting the board's decision or recommendation.
71197.02
R:~/25/99 2
Section 3.
Section 4.
publication.
Section 20-31 of the Chanhassen City Code is repealed in its entirety.
This ordinance shall be effective immediately upon its passage and
PASSED AND ADOPTED this
Council of the City of Chanhassen.
ATTEST:
day of
,1999, by the City
Todd Gerhardt, Acting Clerk/Manager
(Published in the Chanhassen Villager on
Nancy K. Mancino, Mayor
,1999).
71197.02
R:3/25/99 3