3a Board of Adjustments/AppealsCITYOF
CHANHASSEN
690 C/0, Ce~mr l)~it,e, PO I3ox 147
Cf~a~d;asse~t, ~li, nesota 55317
Phoebe 6?2.937.1900
Ge,e~d 3~x 61293?5739
E~tgi~eering Fax 612.937. 9152
h~bhc 5~('~, 5~.x' 612 934.2524
MEMORANDUM
TO:
Todd Gerhardt, Acting City' Manager
FROM:
Cynthia Kirchoff, Planner I
DATE:
January13,1999
RE:
Board of Adjustments and Appeals Appointment
The members of Board of Adjustments and Appeals are appointed by the city
council annually. In the past, the members have consisted of two residents and
one councilmember. Section 20-28 of the City Code states that the Board shall
consist of three members and one alternate. Prior to 1983 the Board was required
to consist of a planning commission member, one citizen at large and one
councilmember. In 1983, the ordinance was amendment to require three members
without specific requirements for membership of other commissions and the
council. Apparently, residents have expressed little interest when the Board
vacancies were advertised, so a councilmember was appointed.
For the past two years, the Board'has consisted two residents at large, Willard
Johnson and Carol Watson, and one councilmember, Steve Berquist. Steve is no
longer on the council,.so his term as a Board member has expired. However,
being that a councilmember is not required by ordinance to be a member of the
Board, Steve would like to be appointed as a citizen at large member. If the City
Council chooses not to reappoint Steve Berquist, staff will advertise for the
opening.
ATTACHMENTS
1. Letter from Scott Martin to Don Ashworth dated November 16, 1983
2. Letter from Stephen Hanson to'Don Ashworth dated January 10, 1989
3. Section 20-28, Board of Adjustments and Appeals
The CiO, of Chmthmsen. .4 ,~rrm'i,,~ rommz,,,iO, wit/~ c/c,m h~kc,', q,'~,.:/i~; se'l, oo/s, a c3am~i~g dotvntmvn, thrivi~g bztsinesses, a~d beazaifid p~rks. A great £Iace to live, work,
CITY F
690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO:
FROM:
DATE:
Don Ashworth, City Manager
Scott A. Martin, Community Development Director
November 16, 1983
SUBJ:
Zoning Ordinance Amendment Regarding Membership of Board
of Adjustments and Appeals.
Attached for final reading and adoption by the City Council on
November 21, 1983 is the above referenced Zoning Ordinance
Amen dme n t.
The proposed ordinance provides for City Council appointment of a
separate three member Board of Adjustments and Appeals, without
the previous restriction on Board membership (i.e. one member
from the Council, one Planning Commissioner, and one
citizen-at-large), which is consistent with the Council's action
of November 7, 1983.
Also attached is an excerpt from Minnesota Statutes which
empowers municipalities to establish the Board. As we discussed,
the City Council may wish to delegate to the Board the power to
approve or deny variances and zoning appeals, subject to an
appeal to the Council. This approach would likely eliminate a
majority of the straight-forward zoning issues from reaching the
Council, and therefore, free-up the Council's time for policy
issues of greater importance.
Attachments
1. Copy of the Proposed Ordinance Amending Section 22.01 of the
Zoning Ordinance.
2. Excerpt from Section 22 of existing Zoning Ordinance.
3. Excerp't from Minnesota Statutes Chapter 462.354.
CITY OF
690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO:
FROM:
DATE:
Don Ashworth, City Manager
Stephen Hanson, Planning Director
January 10, 1989
SUBJ': Board of Adjustments and Appeals
Members of the Board of Adjustments and Appeals are appointed
every year in January by City Council. At present, the Board is
made up of the following members:
Carol Watson
Willard Johnson
Dale Geving
Two of the members have requested to be reappointed. They are
Willard Johnson and Carol ~atson. Th.~ new applicant is Ken Welter.
City Council needs to appoint three (3) regular members and one
1) alternate member. In the past, Cou~]cil has appointed one of
ts members to the Board although this is not required under the
ity Code.
§ 20-28
CHANHASSEN CITY CODE
Sec. 20-28. Board of adjustments and appeals.
(a) There is created a board of adjustments and appeals which shall consist of three (3)
remalar members and one (1) alternate memhea: all of whom shall be appointed by the city~
council, Three (3) members of the board shall constitute a quorum. The alternate member may
vote only ifa regular member is absent from the board meeting. The board shall serve without
compensation. Its members shall serve a term of one (1) year beginning on the first day of
January or until their successors are appointed. The board shall select one (1) of its members
as chairperson and appoint a secretary who may, but need not, be one (1) of its members.
Co) Pursuant to Minnesota Statutes section 462.357, subdivision 6. The board shall have
the following powers:
Supp, No. 8 1158.10
ZONING § 20-29
(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 administra-
tion of this chapter.
(2) To hear requests for variances from the provisions of this chapter which are not made
in conjunction with platting, .~ite plan review, conditional use or interim use permit.
application.
(Ord. No. 80, Ar~. III, § 1, 12-15-86; Ord. No. 131, § 1, 7-9-90)
State law reference-Board of adjustment and appeals, M.S. § 462.354, subd. 2.
See. 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.
Oa) Hearing. Upon the filing of an appeal or application for variance, the zoning adminis-
trator shall set a time and place for a hearing before the board of adjustments and appeals on
such appeal or application, 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 only when the decision of the board is by a unanimous vote. A simple majority vote
or split vote by the board 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. 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 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. The council shall decide all appeals within thirty (30) days
after the date of the required hearing thereon.
(f) Action without decisio~ 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
Supp. No. 3
1159