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10-03-17 Planning Comm AgendaCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 3, 2017 CALL TO ORDER 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES August 1, 2017 3. PUBLIC HEARINGS A) AGENDA COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. ROLL CALL / (LIAISON) SCHEDULE BEAN ( ) DAVIS ( ) RIEDEL ( ) MADDY ( ) SYLVESTER( ) 7:00 P.M. — CONSIDER ZONING TEXT AMENDMENTS REGARDING ahk11U1v IZUi.u--), ADMEvla1KAIMIN Ur vAKIA �h AIND AVVhALa; SECTION 1201.02, DEFINITIONS; AND SECTION 201.07, PLANNING COMMISSION POWER AND DUTIES 4. OTHER BUSINESS Discuss meeting dates for November Determine Liaison Schedule for October through December 5. MATTERS FROM THE FLOOR 6. REPORTS Councilmember Johnson's Report Update on projects approved Draft next meeting agenda 7. ADJOURNMENT CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 1, 2017 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Bean, Davis, Riedel and Sylvester; Planning Director Darling; and, Council Liaison Johnson Absent: None APPROVAL OF AGENDA Davis moved, Riedel seconded, approving the agenda for August 1, 2017, as presented. Motion passed 510. APPROVAL OF MINUTES • July 18, 2017 Bean moved, Riedel seconded, approving the Planning Commission Meeting Minutes of July 18, 2017, as presented. Motion passed 4/0/1 with Davis abstaining due to her absence at the meeting. 1. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission's role is to help the City Council in determining zoning and planning issues. One of the Commission's responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non - binding recommendation to the City Council. The recommendation is advisory only. A. Conditional Use Permit and Lot Width Variance for a Substandard Lot in the Shoreland District Applicant: Mark and Karleen Leslie Location: 28241 Boulder Circle Chair Maddy opened the Public Hearing at 7:02 P.M. He explained this evening the Planning Commission is going to consider a conditional use permit (C.U.P.) and lot width variance for the property located at 28241 Boulder Circle. Director Darling explained Mark and Karleen Leslie own the property located at 28241 Boulder Circle just west of the intersection of Boulder Circle and Smithtown Road. The applicants propose to remove the existing single - family home, attached garage, and accessory building (a play house) and construct a new home and attached garage on their property. The adjacent properties are all developed with single family homes. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 1, 2017 Page 2 of 5 The applicants' property does not conform to the lot area (40,000 square feet) and lot width (120 feet) requirements of the R -lA /S Single - Family Residential/Shoreland zoning district. The existing home does not conform to the required shoreland setbacks. The shoreland section of the Zoning Code requires a C.U.P. for redevelopment of substandard lots that abut the shoreline and are within 70 percent of the requirements of the zoning district. With regard to the analysis about substandard lots of record, Darling explained Section 1201.03 Subd. 2.c.(3) of the Shorewood Zoning Code provides criteria for building on a substandard lot of record. The Code states that a lot is considered to be buildable if it complies with the criteria listed in the ordinance and discussed in the staff report. With regard to the analysis about variances, she explained Section 1201.05 Subd. 2.b of the Shorewood Zoning Code sets forth criteria for the consideration of variance requests. She reviewed how the applicant's request conforms to the criteria for variances. Darling noted staff recommends granting approval of the applicants' request for a lot -width variance and a C.U.P. Kristy Raash, with Alexander Design Group, noted she was present to answer any questions the Planning Commission may have. Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony portion of the Public Hearing at 7:07 P.M. Commissioner Bean asked if Boulder Circle was platted at the same time as Boulder Bridge. Someone responded it was before that. Bean stated there may be several nonconforming lots in terms of width in that immediate area. He questioned what kind of precedent may be set if this application is approved. Director Darling explained she thought most of the lots may be substandard yet most of them would meet the 70 percent of the lot area and width requirements. She stated a variance precedent is challenging because no two circumstances are exactly equal. Bean noted his question was more about general interest than this particular application. Bean noted he thought what has been proposed would be an improvement over the current situation. Commissioner Sylvester concurred. Bean moved, Sylvester seconded, recommending approval of the lot -width variance and conditional use permit for Mark and Karleen Leslie, 28241 Boulder Circle. Motion passed 510. Director Darling noted Council will consider this item during its August 28 meeting. Chair Maddy closed the Public Hearing at 7:10 P.M. B. Consider Zoning Code Text Amendments Regarding Home Occupation Regulations and Definitions Chair Maddy opened the Public Hearing at 7:10 P.M. He explained this evening the Planning Commission is going to consider Zoning Code text amendments pertaining to home occupation regulations and definitions. Director Darling explained the text amendments the Commission is being asked to consider are intended to clarify the City's intent to minimize the impact home occupations have on a surrounding CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 1, 2017 Page 3 of 5 neighborhood. Most of the revised language concerns parking and how many people come to a residential property. Staff proposes an amendment to the definition of home occupation which adds two definitions; one for Commercial Trailer and the other for Commercial Vehicle. Both definitions acknowledge that if the vehicle or trailer is used for a home occupation they are considered commercial and must be stored on the property in conformance with the rules for home occupation parking. Staff has proposed clarifying the rules for parking to indicate the property must maintain at least two parking spaces that meet the required setback. The setback varies from 35 to 50 feet. Also, all of the superfluous language was removed from the parking rules so that it is clear that all parking for home occupations shall occur on the existing driveway. The codes are also written to set an upper limit for the number of people that can come to the property per day. Under the current code, for professional offices and teaching one person at a time is allowed but there is no limit on the total number that can come during one day. Darling noted the requirements now list examples of home occupations that would be prohibited. She stated she has had problems with pet care/ boarding services in the past but noted there is an example of a pet boarding business in Shorewood that has had no issues. She suggested the Commission review the lists and decide if it wants to add to or remove businesses from the lists. Darling also noted the City did receive a letter regarding the proposed changes to home occupation regulations. Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony portion of the Public Hearing at 7:17 P.M. In response to a question from Commissioner Riedel, Director Darling explained the permitting process for a special home occupation follows the same process as a conditional use permit (C.U.P.) except the approval is not recorded to the property and the permit is not transferable to another person who purchases the property. Riedel asked if the permit is indefinite in duration. Darling explained the first special home occupation permit lasts for one year. After that a person can apply for a three -year permit. The Planning Commission would have to hold a public hearing on the permit application and Council would then have to approve it. There was Planning Commission consensus to change in the proposed definitions for commercial trailer and commercial vehicle "... used for occupation or enterprise that is carried on for profit by the owner, lessee, or licensee ..." to "... used for occupation or enterprise by the owner, lessee, or licensee ... ". Commissioner Sylvester asked why the City has strict limits on the number of commercial trailers or vehicles that can be stored on a residential property yet has no limit for personal trailers or vehicles. Director Darling stated she thought it was to reduce the impact of the home occupation on the neighborhood; it would help keep the properties looking like residential properties and not commercial properties. Commissioner Davis stated this topic has been discussed a few times by previous Commissions. She thought it prudent to make the language as specific as possible. She cited the example of a landscaping business and equipment being stored on a residential property. After discussion the Commission did not recommend any changes to the proposed additions and clarifications under Subd. 12.d.(I) General Provisions. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 1, 2017 Page 4 of 5 After discussion there was Commission consensus, in Subd. 12.d.(2)(c) change "... no more than one pupil at a time ..." to "... no more than one client /pupil at a time ... ". After discussion there was Commission consensus, in Subd. 12.(d).(3)(d)(11) change "... no more than one day per week, unless further limited by the City Council ..." to "... no more than one day per week, unless approved otherwise by the City Council...". After discussion there was Commission consensus, in Subd. 12.d.(4)(a) to change "... Auto repair, whether for consideration or not ..." to "... Auto repair ..." and to also address it under residential regulations. There was also consensus to remove proposed Subd. 12.d.(4)(b) limiting the number of clients /pupils and number of occurrences because it is redundant to other language in Subd. 12.d.(2) and Subd. 12.d.(3). There was also consensus to remove Subd. 12.d.(4)(c) regarding pet car/boarding facilities and to include that in the animal ordinance. There was no objection to adding the word special before home occupation permit in Subd. 12.f. Inspection. Commissioner Riedel stated with regard to the letter written to the City regarding home occupations he asked Director Darling to comment on what the individual objected to. In the letter it states they thought they had been the subject of a witch hunt and that they think the amendments are specifically directed at them. Darling stated she thought the proposed amendments are more general than that and noted the City has received quite a few complaints about parking for that person's home occupation. That occupation is a cleaning service. Chair Maddy stated based on his experience there are a lot of landscapers and mechanics that do worse than a cleaning service. Maddy noted he does not think the amendments are directed at any one person. Commissioner Davis asked if the business owner has a number of vehicles. Darling confirmed that. Davis asked if the proposed language regarding vehicles would address that. Darling stated there is a limit to the number of commercial vehicles that could be parked on the property for a limited home occupation. She stated language could be added under special home occupations if the Commission thought it would be okay for Council to add more under certain circumstances. Maddy stated he did not think the limit needs to be increased in a residential area. Commissioners Bean and Davis concurred with Maddy's comment. Commissioner Sylvester stated when Council considers the proposed amendments she asked if the resident who wrote the letter would have an opportunity to bring their concerns up before Council. Director Darling confirmed that and noted it would be a public meeting. Chair Maddy stated if the Commission recommends approval of the proposed amendments subject to the changes it proposed he asked when the amendments would be considered by Council. Director Darling stated on August 14. Bean moved, Sylvester seconded, recommending approval of the proposed ordinance amending the Zoning Code as it pertains to home occupation regulations in Subd. 1201.02 and 1201.03 Subd.12 subject to the following changes: 1) in the proposed definitions for commercial trailer and commercial vehicle change "... used for occupation or enterprise that is carried on for profit by the owner, lessee, or licensee ..." to "... used for occupation or enterprise by the owner, lessee, or licensee ... "; 2) in Subd. 12.d.(2)(c) change "... no more than one pupil at a time ..." to "... no more than one client/pupil at a time ... "; 3) in Subd. 12.(d).(3)(d)(ii) change "... no more than one day per week, unless further limited by the City Council ..." to "... no more than one day per week, unless approved otherwise by the City Council ... "; 4) in Subd. 12.d.(4)(a) change "... Auto repair, whether for consideration or not, ..." to "... Auto repair ..." and to also address it under residential CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 1, 2017 Page 5 of 5 regulations; 5) remove Subd. 12.d.(4)(b) in its entirety; and, 5) remove Subd. 12.d.(4)(c) in its entirety and include the language in the animal ordinance. Motion passed 510. Chair Maddy closed the Public Hearing at 7:59 P.M. 2. MATTERS FROM THE FLOOR 3. REPORTS Liaison to Council Council Liaison Johnson stated Council's consideration of the Starbuck's proposal was delayed on July 24 because the developer had a family emergency. He reported on Council's discussion during its July 10 meeting about the setback variance request for Court and Susan Queen, 27180 West 62nd Street (as detailed in the minutes of that meeting). Council ultimately granted the additional six feet of variance for the portico as opposed to the four feet recommended by the Planning Commission. Chair Maddy stated during the July 24 Council meeting he was asked what the definition of a wharf was. The dictionary states a wharf is a solid dock that is either parallel or at an angle to a shipping way where a boat can pull alongside of and either load or unload. Other —Update on Projects Approved SLUC Chair Maddy noted he is going to attend the next Sensible Land Use Coalition session scheduled for August 30. Director Darling stated it is titled Baby Boomers versus Millennials: Who will impact the future of development? Commissioner Davis stated she would also like to attend it. Maddy stated he thought that will impact Shorewood greatly over the next 30 years. • Draft Next Meeting Agenda Director Darling stated there are more Zoning Code amendments slated for the September 19, 2017, Planning Commission meeting. 4. ADJOURNMENT Riedel moved, Davis seconded, adjourning the Planning Commission Meeting of August 1, 2017, at 8:06 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.nmus • cityhall @ci.shorewood.mn.us TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: October 3, 2017 RE: Zoning Ordinance Text Amendment — Variances and Appeals FILE: 17.24 (Zoning Regulations, Section 1201.09) Shorewood's variance and appeal processes were drafted to allow the city to both hear appeals and review variances based on the enabling legislation (Minnesota Statute 462.357). Staff drafted amendments to this section of code to more closely mirror the state statutes, reduce the staff process, and ensure that variance applicants are directly addressing what practical difficulties justify their request. Definitions of the two types of applications: An appeal is a request to the Planning Commission and City Council to review and overturn an administrative (employee) decision or interpretation of the zoning regulations. Essentially, an appellant maintains that an employee made an error when they interpreted the ordinance, enforced a regulation, or otherwise acted in violation of the zoning ordinance language. A variance is a request to the Planning Commission and City Council to allow a deviation in the application of the zoning ordinance as it applies to a property because of a practical difficulty that exists on a specific piece of property. Essentially, a variance allows the applicant the ability to construct or place something on a property that the regulations would allow elsewhere on the lot, construct more on a lot than would otherwise be allowed, or validate a nonconforming lot or structure. State statute does not permit cities to allow uses on a property by variance that aren't allowed in the zoning district. As an example, the city couldn't allow someone to open a new gas station on a property zoned only for residential uses. Page 2 Process: The current regulations combine the two types of applications together and require the same process for both, including a public hearing and notice sent to all neighbors within 500 feet of the property. Because the two requests are substantially different, I've divided the two different types of requests into separate processes. As proposed, the new processes would proceed as follows: • Appeals are directed to the Planning Commission and City Council for review at public meetings rather than public hearings, but are not required to be noticed to adjacent property owners. • Variances are directed to the Planning Commission and City Council for review at public meetings. These requests are noticed to all property owners within 500 feet. Public Hearings vs. Public Meetings - What's the difference? Are public hearings effective notice to the public? An item reviewed at a public hearing is published in the city's official newspaper, notices are sent to the property owners within a specified distance (usually 500 feet) and listed on the agenda for the Planning Commission meeting. During a public hearing, anyone from the public may request to speak and state their concerns. An item reviewed at a public meeting can be sent to all property owners within a specified distance (usually 500 feet) and listed on the agenda for the Planning Commission meeting. During a public meeting, anyone from the public may request to speak and state their concerns. The Planning Commission doesn't have to allow residents to speak during a public meeting, but Shorewood's practice includes allowing any attendee to voice their concerns. Consequently, the only difference between the two types of meetings is the requirement to publish a notice in the official newspapers for a public hearing. When the process for planning applications was initially designed, publication in the paper was an effective way of notifying the public. Staff finds that times have changed and published notices are generally ignored while other methods of publicizing applications are more effective. These include: Holding a meeting at the Planning Commission to discuss the request and make a formal recommendation. State statute does not require the Planning Commission to review either variances or appeals, only the City Council (acting as the Board of Zoning Appeals). Having the Planning Commission provide a recommendation, with the publication requirements for the meetings and agendas is an effective means of communicating to the public and beyond what is required by statute. • For variance applications, sending a letter to the adjacent homeowners is the most effective means of publicizing the request and have proven to be an effective means of public notice. Nearly every caller or speaker for a variance application indicates they got the letter. Because the publication is less effective than the above, staff recommends reviewing appeal and variance applications without a public hearing. Additionally, for appeal applications, letters to Page 3 adjacent homeowners are superfluous because the specific regulation being appealed may apply to the entire city, all properties within a specific zoning district, or all similar properties. As an example, a resident may appeal the definition of impervious surface or treehouse. The outcome of an appeal is usually one of the following two options: Overturn the staff action: The appellant is returned to the correct process or activity. Notification to neighbors is decided by the applicable process. • Uphold the staff action: The appellant corrects or stops the activity. Criteria for variance applications The variance criteria are the foundation for both requesting and approving variances. Staff amended the criteria to ensure the applicant is addressing and defining what the specific practical difficulties are that justify the application. The current code includes practical difficulties in the purpose statement, but does not require that they be addressed directly. Staff also made wording changes to the remainder of the criteria to better follow state statute and the purpose of a variance. Procedures Staff proposes some minor alterations to the procedures established in code. Most notable is the allowance for staff to request additional information at the applicant's expense as may be needed to review the application, such as a wetland delineation, traffic study, drainage reports, etc. Applications in process Any applications submitted prior to publication of the ordinance will be reviewed under the existing regulations. ATTACHMENTS: Proposed Ordinance Amendment Existing Ordinance CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE AS IT PERTAINS TO ZONING REGULATIONs FOR VARIANCES AND APPEALS Section 1. City Code Chapter 1201.05 is hereby amended as follows: 1201.05 ADMINISTRATION, VARIANCES AND APPEALS. Subd. 1. Purpose. The purpose of this section is to provide for: a. Administrative Appeal. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter—,and. b. Variance. A Vvariances - process to allow deviations from the 'strict provisions of this chapter including those hose placed on nonconformities. i the .,bons will be in keeping w it the s fit and intent of this ,.i apte, The variance process is neither appropriate nor applicable to allow a use on a property that is not permitted in the zoning district. Subd_ 2. Administrative Appeal. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Chapter and shall be submitted to the Zoning Administrator as indicated below. a. Filing. The request for an appeal shall be submitted in writing and: (1) Submitted by the property owner or their agent and include contact information for both parties. (2) State the specific grounds upon which the appeal is made. Filed within 14 days of the date of the decision. (4) Include the fee as required by Section 1301.02. b. Notice to Appellant. The Zoning Administrator shall notify the appellant of the date and time of the Planning Commission and City Council meetings where the request will be heard. C. Stay of Proceedings. An appeal stays all proceedings and the furtherance of the action being appealed, unless a stay would cause imminent peril to life and property. d. Planning Commission action. The Planning Commission shall review the appeal at a public meeting, at which time the appellant or a representative thereof shall appear to answer questions concerning the he request. (1) The Planning Commission shall consider possible adverse effects of the appeal. 2) The Planniniz Commission shall make a findiniz of fact and ma recommend any actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation of the Planning Commission shall be forwarded to the City Council at their next available meeting. e. Citv Council action. Ubon receiviniz the reauest and anv rebort or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact within the time allowed by Minnesota Statute. Action on the request shall require passage by a simple majority vote of the full City Council. f. Decision. The Zoning Administrator shall send the appellant a copy of the final order of the City Council by mail. g_ Appeal of Council Action. Any_person(s) aggrieved by any decision of the Board shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced. Subd. 3. Variances. Cenditiens — o side fatter ,.fv.,,-;. nee fe ests a. Criteria. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council, serving as the Board of Adjustments and Appeals, may approve a variance application upon shall Minding that all of the following criteria, as applicable, are metthe pfepesed ae4ion will *et: (1) The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of this Chapter. (2) The applicant has established that there are practical difficulties in complying with this Chapter. Practical difficulties mean that the property owner proposes to: a) Use the brobertv in a reasonable manner not bermitted b this Chapter. (b) The plight of the landowner is due to circumstances unique to the property not created by the landowner. (c) The variance, if approved, would not alter the essential character of the locality. (3) The variance would not be based exclusively on economic considerations. (4) The variance shall not (impair an adequate supply of light and air to adjacent property,; (2) —Uunreasonably increase the congestion in the public street; {3 "increase the danger of fire or endanger the public safety;_ n ............ �ersen :e�s�:e�e�rris�eenrrrs�t�. (5) The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. The variance is the minimum variance necessary to address or alleviate the practical difficulties. LAM • • - (1) Application. Appeals of fRequests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council resolution. This fee shat not be refunded. The application shall also be accompanied by fl- e-three copies of a survey signed by a land surveyor licensed in the State of Minnesota, and detailed written and graphic materials fully explaining the proposed change, development or use, and a mailing list, mailing labels, abels, and a map of all property owners located within 500 feet of the subject property obtained from and eeftified -b -Hennepin County. (2) Staff review /technical assistance reports. Upon receipt of an application for appeal er variance, the Zoning Administrator, or designee, additional information or may obtain outside expert advice at the consent and expense of the applicant. fefef the fequest to staff to insufe that infefmational. °r° eemplied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also when deemed neeess The Zoning Administrator, or designee, shall inst et the appfopfiate staff p to pfepafeshall prepare technical reports and /or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. e(3) Public heafingme etin . Upon official submission of the request, the Zoning Administrator shall set ° publie h °schedule a public meeting on the request for athe -nex4 regularly scheduled Planning Commission meeting occurring at least ten days from the date as ° notice of the heafing is published in the o ffieial newpapef. The notice shall eencaina legal pfoper-ty desefiptio and desefiptio of the est and shall be publ;sl,° a no ° than 30 day and less than ten d the he g. Wwritten notification of the he g- public meeting is sent shall also b-e mailed at least t°„ days p r to the dMe of dhe l,°.,fi . to all property owners of-land-within 500 feet of the boundary of the subject property-mi-questien. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. d. (4) Planning Commission action. The Planning Commission shall conduct the public heafingme etin , at which time the applicant or a representative thereof shall appear to answer questions concerning the proposed request. (1a) The Planning Commission shall consider possible adverse effects of the appeaf- of—variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in subdivision d3 (2)4. of this section. (2b) The Planning Commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request with the consent and at the expense of the applicant. (k) The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administfatef. f r r°f°�°' to the City Council. e(5)- Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report or recommendation on the agenda of the nema regularly scheduled meeting of the City Council. (6) City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold ., ubli . i.eafing if deemed neeessafy °„d ,ha4 make a recorded finding of fact. (1a) Approval of a request shall require passage by a simple majority vote of the full City Council. (2b) The Council may impose any condition it considers necessary to protect the public health, safety and welfare, provided such conditions are directly related to and bear a rough proportionality to the impact of the variance. (R) Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made by not less than a simple majority vote of the full City Council. c„b.a n —(7)--Lapse of variance or appea . Whenever within one year after granting a variance ofappeal, the use as permitted by the variance of appeal shall not have been completed or utilized, then the variance erappeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance of . The Zoning Administrator shall present the request peWien shall be „r°s °„* °d to the Planning Commission f r ° ° °,,datio to the City Council for a decision. (8) Appeal. Any person aggrieved by any decision of the City Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462. S4d. c. C. Performance bend agreement. In the cases as—a variance erappeal —is approved contingent upon certain conditions imposed by the Council, the Council may require a performance bena- agreement to bepfevided executed. 1) The agreement shall be drafted by staff and executed by the applicant and the City Council. The agreement shall include: (a) The terms of work and penalties for non - compliance in a form agreeable to the City Attorney. (b) Authorize acceptance of a financial guarantee to ensure the applicant completes the project per plan. MF NON 4 10 _. .� 11 11111111111fow c„b.a n —(7)--Lapse of variance or appea . Whenever within one year after granting a variance ofappeal, the use as permitted by the variance of appeal shall not have been completed or utilized, then the variance erappeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance of . The Zoning Administrator shall present the request peWien shall be „r°s °„* °d to the Planning Commission f r ° ° °,,datio to the City Council for a decision. (8) Appeal. Any person aggrieved by any decision of the City Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462. S4d. c. C. Performance bend agreement. In the cases as—a variance erappeal —is approved contingent upon certain conditions imposed by the Council, the Council may require a performance bena- agreement to bepfevided executed. 1) The agreement shall be drafted by staff and executed by the applicant and the City Council. The agreement shall include: (a) The terms of work and penalties for non - compliance in a form agreeable to the City Attorney. (b) Authorize acceptance of a financial guarantee to ensure the applicant completes the project per plan. *The applicant shall provide the city shall be p,-,.vide,a with a letter of credit °ttretyjaend, ease esefew, eeftifieate of deposit seeufities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall be nonea eellab'° automatically renew with a minimum of two months' notice prior to cancellation and shall be used to guarantee conformance and compliance with the conditions of the variance of appeal and the ordinances of the city. b. —(3) The seeufity-financial guarantee shall be in the amount of one and one -half times the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements or development. (4) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance of appeal and ordinances of the city has been issued by the City Building Official. d. Failure to comply with the conditions of the variance Of '-and the ordinances of the city shall result in forfeiture of the security for action necessary on the part of the city to correct problems or deficiencies. Section 2. This Ordinance shall be in full force and effect upon publication in the Official Newspapers of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk 1201.04 Shorewood - Zoning and Subdivision Regulations 1201.05 for granting the interim conditional use permit shall be followed when considering revocation of an interim conditional use permit. (1987 Code, § 1201.04) (Am. Ord. 383, passed 3 -25 -2002; Am. Ord. 389, passed. 8 -12 -2002) 1201.05 ADMINISTRATION, VARIANCES AND APPEALS. Subd. 1. Purpose. The purpose of this section is to provide for: a. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter; and b. Variances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and to grant the variances only when it is demonstrated that the actions will be in keeping with the spirit and intent of this chapter. Subd. 2. Conditions governing consideration of variance requests. a. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council serving as the Board of Adjustments and Appeals shall make a finding of fact that the proposed action will not: (1) Impair an adequate supply of light and air to adjacent property; (2) Unreasonably increase the congestion in the public street; (3) Increase the danger of fire or endanger the public safety; (4) Unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of this chapter; (5) Violate the intent and purpose of the City Comprehensive Plan. b. A variance from the terms of this chapter shall not be granted unless it can be demonstrated that: (1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district: 1201 -94 2012S-7 1201.05 Zoning Regulations 1201.05 (a) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness or shape of the property; (b) Special conditions and circumstances may not be primarily economic in nature; (2) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by properties in the same district under the terms of this chapter; (3) The special conditions and circumstances are not the result of actions by the property owner or previous property owner; (4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district. C. Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure or building and that the variance is the minimum variance necessary. Subd.3. Procedure. a. Application. Appeals or requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council resolution. This fee shall not be refunded. The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development or use and a mailing list of property owners located within 500 feet of the subject property obtained from and certified by Hennepin County. b. Staff review /technical assistance reports. Upon receipt of an application for appeal or variance, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and /or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. 1201 -95 2012S-7 1201.05 Shorewood - Zoning and Subdivision Regulations 1201.05 C. Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for the next regularly scheduled Planning Commission meeting occurring at least ten days from the date as a notice of the hearing is published in the official newspaper. The notice shall contain a legal property description and description of the request and shall be all no more than 30 days and no less than ten days prior to the hearing. Written notification of the hearing shall also be mailed at least ten days prior to the date of the hearing to all owners of land within 500 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. d. Planning Commission action. The Planning Commission shall conduct the public hearing, at which time the applicant or a representative thereof shall appear to answer questions concerning the proposed request. (1) The Planning Commission shall consider possible adverse effects of the appeal or variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in subdivision d(2) of this section. (2) The Planning Commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request. (3) The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administrator for referral to the City Council. e. Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report or recommendation on the agenda of the next regularly scheduled meeting of the City Council. f. City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact. (1) Approval of a request shall require passage by a simple majority vote of the full City Council. 1201 -96 2012S-7 1201.05 Zoning Regulations 1201.05 (2) The Council may impose any condition it considers necessary to protect the public health, safety and welfare, provided such conditions are directly related to and bear a rough proportionality to the impact of the variance. (3) Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made by not less than a simple majority vote of the full City Council. (4) The City Council serving as the Board of Adjustment and Appeals shall, after receiving the written report and recommendation of the Planning Commission and the city staff, make a finding of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter. However, the appeal shall be filed not later than 90 days after the applicant has received a written notice from the Zoning Administrator or the appeal shall be considered void. Subd. 4. Lapse of variance or appeal. Whenever within one year after granting a variance or appeal, the use as permitted by the variance or appeal shall not have been completed or utilized, then the variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. The petition shall be presented to the Planning Commission for a recommendation to the City Council for a decision. Subd. 5. Performance bond. In the cases as a variance or appeal is approved contingent upon certain conditions imposed by the Council, the Council may require a performance bond to be provided. a. Upon approval of a variance or appeal, the city shall be provided with a surety bond, case escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements 1201 -97 2012S-7 1201.05 Shorewood - Zoning and Subdivision Regulations 1201.06 or development. The security shall be noncancellable and shall guarantee conformance and compliance with the conditions of the variance or appeal and the ordinances of the city. b. The security shall be in the amount of one and one -half times the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements' or development. C. The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance or appeal and ordinances of the city has been issued by the City Building Official. d. Failure to comply with the conditions of the variance or appeal and the ordinances of the city shall result in forfeiture of the security for action necessary on the part of the city to correct problems or deficiencies. Subd. 6. Property survey. In those cases where a stipulated requirement of this chapter has been modified through the granting of a variance or appeal, a property survey prepared by a registered land surveyor shall be submitted, outlining lot dimensions, setbacks and buildings. The survey shall be a condition of the variance or appeal and shall be submitted prior to the initiation of any improvement on the property in question. (1987 Code, § 1201.05) (Am. Ord. 383, passed 3 -25 -2002; Am. Ord. 485, passed 11 -14 -2011) 1201.06 ADMINISTRATION, PLANNED UNIT DEVELOPMENT. Subd. 1. Purpose. This section is intended to allow flexibility within zoning districts while maintaining land use compatibility with surrounding neighborhoods. Subd. 2. Application. Within the zoning districts contained in §§ 120 1. 10 through 1201.23, planned unit development is allowed by conditional use permit. Land use and densities are limited to land uses and densities specified in each of the individual districts. Subd. 3. Special procedures. The establishment of a PUD by conditional use permit shall be subject to the procedures and requirements for conditional use permits as set forth in § 1201.04 of this chapter and the standards and criteria set forth in § 1201.25 of this chapter. Each of the three stages of the review process shall require a separate application. (1987 Code, § 1201.06) (Ord. 208, passed 4 -11 -1988) 1201 -98 2012S-7