Council Memo#7A
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject:
Zoning Code Amendment — Variances and Appeals
Meeting Date:
October 23, 2017
Prepared by:
Marie Darling, Planning Director
Reviewed by:
Patti Helgeson, Assistant Planner
Attachments:
Planning Directors Memorandum, for October 3, 2017 PC meeting
Draft Minutes from the October 3, 2017 meeting discussion
Existing Ordinance
Ordinance
Summary Publication Ordinance
Policy Consideration: Should the Shorewood Zoning Code be amended to revise the process for
variances and appeals?
Background: See attached memorandum for background. At their October 3, 2017 meeting, the
Planning Commission held a public hearing and voted unanimously to recommend its adoption, subject
to five changes to the ordinance, as identified below. No one from the public requested to speak, but
one letter was received (attached) expressing concerns with the regulations. The City Attorney has
reviewed the proposed ordinance and his comments were incorporated into the amendments.
Notice of the Planning Commission public hearing was published in both official newspapers. In
conformance with State Statute, notice of City Council consideration of the amendment was also posted
at City Hall and included in the email notification for general city information and notices. The proposed
ordinance was posted on the city's website.
Planning Commission Changes: The Planning Commission made several changes to the language of the
proposed code. These changes were incorporated into the attached ordinance and are summarized
below.
Filing: The Planning Commission recommended that appeals be required to be submitted within 14 days
from the date the administrative decision was mailed rather than the date of the decision. Because a
zoning decision may also be delivered by email, staff added "or sent by electronic mail."
Planning Commission Action: The Planning Commission recommended changing the requirement that
the applicant's attendance is not mandatory at the review of either an appeal or a variance. Staff
therefore replaced "shall" with "may" when referencing the applicant's appearance at the meetings.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:JPlonning�Plonning Files�Applicotions�2017 CURRENTCASES�vorionces and appeals- amendment to zokCAF0ctober232017.docx Page 1
City Council Action: The Planning Commission recommended that all references to City Council decision
for any appeal and variances be amended from "a simple majority vote of the full City Council" to "a
simple majority vote of a quorum of the City Council".
Variance Criteria: The Planning Commission directed staff to review state statute language regarding
the practical difficulties criteria (no. 2). The draft language staff sent to them said: "Practical difficulties
mean that the property owner proposes to: (a) use the property in a reasonable manner..." and included
parts (b) and (c). The Planning Commission found the language wasn't clear when applied to the other
listed criteria. Staff reviewed the statute and revised the language to read, "Practical difficulties mean:
(a) The property owner proposes to use the property in a reasonable manner...." The language is now
clear when applied to parts (b) and (c) and is an exact match to state statute.
Variance - Planning Commission Action: The Planning Commission was generally supportive of
reviewing applications without a public hearing, but was concerned that taking public testimony at a
public meeting is only optional, even though it is common practice. Consequently, they added language
that requires the Planning Commission to take public testimony.
Financial or Budget Considerations: NA
Options: Adopt the draft code amendment; modify the amendments; or refer the amendments back to
staff.
Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation
and recommends approval. Staff provide the following draft motions:
1. Move to approve ordinance amending Section 1201.05 of the zoning regulations titled
"Administration, Variances and Appeals". Motion, second and simple majority vote required.
2. Move to approve summary publication ordinance and the text of the summary pursuant to MN
Statute 331A.01 which would inform the public of the intent and effect of the ordinance without
publishing the entire ordinance. Motion, second and four -fifths vote required.
Next Steps and Timelines: Once adopted, the summary will be published in the official newspaper.
Once published, it becomes effective. All applications received prior to publication in the official
newspaper would be reviewed under the existing standards.
Connection to Vision / Mission: Zoning contributes to a healthy environment and provision of quality
public services.
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 •952-960-7900
Fax: 952-474-0128 • www.ci.shorewood.mmus • cityhall@ci.shorewood.mn.us
MEMORANDUM
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
PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 3, 2017
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:02 P.M.
ROLL CALL
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Present: Chair Maddy; Commissioners Bean, Davis, and Riedel; Planning Director Darling; and,
Council Liaison Johnson
Absent: Commissioner Sylvester
1. APPROVAL OF AGENDA
Bean moved, Davis seconded, approving the agenda for October 3, 2017, as presented. Motion
passed 4/0.
2. APPROVAL OF MINUTES
August 1, 2017
Davis moved, Riedel seconded, approving the Planning Commission Meeting Minutes of August 1,
2017, as presented. Motion passed 4/0.
3. PUBLIC HEARING
A. 7:00 P.M. — CONSIDER ZONING CODE TEXT AMENDMENTS REGARDING
SECTION 1201.05, ADMINISTRATION OF VARIANCE AND APPEALS;
SECTION 1201.02, DEFINITIONS; AND SECTION 201.07 PLANNING
COMMISSION POWER AND DUTIES
Chair Maddy opened the Public Hearing at 7:04 P.M.
Director Darling noted staff is proposing amendments to the Zoning Code which pertain to appeals and
variances.
She explained the current Code has combined those two types of applications into one set of regulations.
Staff drafted the amendments to separate the two applications and processes.
She reviewed the definitions for the two types of applications.
An appeal is a request to the Planning Commission and City Council to review and overturn an
administrative interpretation of the zoning ordinances or an employee's decision or a denial of a
permit. Essentially, an appellant would be maintaining that an employee made an error when they
interpreted the ordinance, enforced a regulation, or some similar issue. The current Ordinance
requires that a public hearing be held for an appeal and that all property owners within 500 feet of the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 3, 2017
Page 2 of 4
appellant's property be notified. Staff has proposed that all appeals come before the Planning
Commission at a public meeting rather than at a public hearing. What the appellant is asking for is
clarification of the rules or relief from what they believe is a staff error. A mailed notice would not be
as direct as it is with, for example, variances and conditional use permits (C.U.P.$). Because the
request for an appeal may be applicable city-wide rather than for just one specific property the
owners of adjacent properties would not be notified. If an appeal is successful the appellant is
returned to the correct process or activity and notification is decided by the applicable process.
A variance is a request to allow a deviation in the application of the Zoning Ordinance as it applies to
a property because of some practical difficulty that exists on a specific property. Essentially, it
allows the applicant the ability to do something that the zoning regulations say is not permissible
because of some outstanding circumstance. The current Ordinance requires that a public hearing be
held and that all property owners within 500 feet of the applicant's property be notified. Staff has
proposed that variances come before the Planning Commission at a public meeting rather than a
public hearing and to continue to notify all property owners within 500 feet of the applicant's
property. Staff has also proposed amendments to the criteria for reviewing a variance and some
alteration to the procedures.
The most notable proposed change is to remove the requirement to hold a public hearing from the
review of either application. When the requirement to hold a public hearing was initially included in
the City's Ordinances it was an effective means to communicate public action; people used it to find
out what the government was reviewing, what it was hearing and how it was changing the rules.
Today, more residents electronically subscribe to newspapers or they do not subscribe at all. Few
residents read the public notice sections in newspapers. Staff is more likely to receive calls or
questions about items posted for Council's review on the City's website or from agendas for public
meetings emailed to interested residents. Staff thinks the effectiveness of public notice is negligible.
Commissioner Bean asked if public testimony would be taken during a public meeting. Director
Darling stated that could be done but it is not a requirement. Bean stated he never thought that taking
public testimony would be optional. He then stated he agrees that an appeal does not necessitate
notifying other property owners. But, he has some question about not holding a public hearing for
variance applications.
In response to a question from Commissioner Riedel, Director Darling explained the notice of a
public hearing has to be published in the City's Official Newspaper which is the Sun Sailor. The City
may also publish it in the Lakeshore Weekly News. The cost to publish one hearing notice is $100.
Riedel then stated those published public hearing notices reach only a small percentage of residents.
With regard to Section 1201.05 Administration, Variances and Appeals, after discussion the
following changes were recommended to what staff proposed.
• Subd.2.a.(3) — It was changed to read "Filed within 14 days of the date the administrator's
decision was mailed".
• Subd.2.d. — "... appellant or a representative thereof shall appear ..." was changed to "...
appellant or a representative thereof may appear...".
• Subd.2.e. — It was changed to read "... passage by a simple majority vote of a quorum of the
City Council."
• Subd.3.a.(2) — Change "Practical difficulties mean that the property owner proposes to:" to
"Practical difficulties mean:" and change Subd.3.a.(2)(a) to read "Use of the property in a
reasonable manner is not permitted by this Chapter." Staff will review the wording of this.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 3, 2017
Page 3 of 4
• Subd.3.b.(4) — "... applicant or a representative thereof shall appear ..." was changed to "...
applicant or a representative thereof may appear ... ".
• Subd.3.b.(6)(a) — It was changed to read "... passage by a simple majority vote of a quorum
of the City Council."
• Subd.3.b.(6)(c) — It was changed to read "... made by not less than a simple majority vote of
a quorum of the City Council."
Council Liaison Johnson stated Director Darling's staff report for this item states "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." He asked if changing the
consideration of variances and appeals to be during public meetings he asked if that would allow the
opportunity for fixture Councils and/or Planning Commissions to shut down the opportunity for taking
public testimony. Commissioner Riedel asked if there is a way to avoid publishing the notice of a
public hearing in the City's Official Newspaper. Director Darling stated no. Commissioner Bean
asked if it would be possible to stipulate that public testimony shall be taken during any public
meeting. Council Liaison Johnson noted he was going to suggest that same thing.
There was Planning Committee consensus to have the City's Ordinance stipulate that public
testimony must be taken during any public meeting for consideration of a variance.
Council Liaison Johnson suggested adding one sentence to Subd.3.b.(3) Public Meeting which states
"Public testimony will be heard." Director Darling suggested adding "and take public testimony" to
the end of Subd.3.b.(4).
There was Planning Commission consensus to add to the end of Subd.3.b.(4) "The Planning
Commission shall take public testimony".
Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony
portion of the Public Hearing at 7:59P.M.
Bean moved, Davis seconded, recommending approval of the proposed ordinance amending the
Zoning Code as it pertains to variances and appeals subject to making the changes recommended
above. Motion passed 4/0.
Chair Maddy closed the Public Hearing at 8:00 P.M.
4. OTHER BUSINESS
A. Discuss Meeting Date for November
Director Darling stated the next regular Planning Commission meeting is scheduled for November 7 at
7:00 P.M. while noting that is an election day. The options are to start the meeting at 8:00 P.M. after the
polls close or to reschedule it for November 21. Commissioner Bean noted November 21 is the week of
Thanksgiving and noted that he would not be in attendance on November 7.
There was Planning Commission consensus to change the start time of the November 7 to 8:00 P.M. If it
appears there could potentially be a long line of voters waiting to vote for the School Board election then
the meeting will be moved to November 21.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 3, 2017
Page 4 of 4
B. Determine Liaison Schedule for October through December
Liaisons to Council were selected as follows:
October 2017
Commissioner Riedel
November 2017
Commissioner Davis
December 2017
Commissioner Bean
January 2018
Chair Maddy
February 2018
Commissioner Sylvester
5. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
6. REPORTS
Liaison to Council Report by Councilmember Johnson
Council Liaison Johnson reported on matters considered and actions taken during Council's September
25, 2017 meeting (as detailed in the minutes for that meeting). He had a strong focus on the conditional
use permit (C.U.P.) application for a drive-thru service window for a proposed coffee shop. Director
Darling elaborated on that.
There was ensuing discussion about the proposed coffee shop and traffic in general in that area.
Update on Projects Approved
Director Darling stated that Council had adopted a resolution granting a conditional use permit and a lot
width variance to build on a substandard lot to Mark and Karleen Leslie, 28241 Boulder Circle, during its
August 28 meeting.
Draft Next Meeting Agenda
Director Darling stated there are an amendment to a planned unit development, a lot line rearrangement,
and a variance slated for the November 7, 2017, Planning Commission meeting.
ADJOURNMENT
Davis moved, Bean seconded, Adjourning the Planning Commission Meeting of October 3, 2017, at
8:17 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
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 Vvariance-s-process to allow deviations from the leer -al -strict
provisions of this chapter including those placed on nonconformities. in
the aefiens will be in k-teping with the spirit and inten4 of this ehapter. 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.
(3) Filed within 14 days of the date the administrative decision was
mailed or sent by electronic mail.
(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 staffproceedings 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 may appear to answer questions concerningthe he request.
(1) The Planning Commission shall consider possible adverse effects of
the appeal.
2) The Planning Commission shall make a finding 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 a regularly scheduled meeting_
e. City Council action. Upon receiving the reauest and any report 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 a quorum of the City Council.
f. Decision. The Zoning Administrator shall send the appellant a cop of f the
final order of the City Council by mail_
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 Conditions ide atio of e requests.
.�:,��u�«on�s gv�ti�
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
mare -a -finding of faet that all of the following criteria, as applicable, are metthe
(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:
a) The property owner prouoses to use the bronerty in a
reasonable manner not permitted by 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 jimpair an adequate supply of light and air to adjacent property,;
(2) -Uunreasonably increase the congestion in the public street, or;
{�jncrease the danger of fire or endanger the public safety;_
ri �� ��!s:es�!�rrtres!K!��s.
(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.
(6) The variance is the minimum variance necessary to address or
alleviate the practical difficulties.
b. Procedure.
a. (1) Application. 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 -zee -shall not be refunded. The
application shall also be accompanied by five -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, and a map of all
property owners located within 500 feet of the subject property obtained
from and eei4ified--b�-Hennepin County.
b. —(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.
rearthe —request to appropriate —staff o e that infefma4ienal.
meats are eemplied with.When all informational requirements have
been complied with, the request shall be considered officially submitted.
Also, when deemed neeessary; tThe Zoning Administrator, or designee,
si al ' +met the ^ ate staff per -sons to r r-e hall prepare technical
n«=rz=rsz� R�<<n
reports and/or provide general assistance in preparing a recommendation on
the request to the Planning Commission and City Council.
e. (3) Public hea-ri-ngmeeting. Upon official submission of the request, the
Zoning Administrator shall set ^ rublie heafi gschedule a public meeting
on the request for aft regularly scheduled Planning Commission
meeting occurring at least ten days from the date as ^ „otiee of the hear -inn
is-pubproperty lished in the affi1eilnewsape� atiee-shlal ��la legal
lga
deser-iption of the r-equest
sha
od
no more than 30 day,s-and no lessthan ten-day prior- te the g.-
Wwritten notification of the hea-ring-public meeting is sent shall also
,ilea ^+ least to days prior -to the date of the he to all property owners
of land within 500 feet of the boundary of the subject property in question.
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 hearingmeetin , at which time the applicant or a
representative thereof akall-may appear to answer questions concerning the
proposed request. The Planning Commission shall also take public
testimony.
(4a) The Planning Commission shall consider possible adverse
effects of the meal 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 d3 (2)a. of this section.
(fib) 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.
(4c) 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 ^ aw mist, -ate f
for re feff ' to the City Council.
ems: 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
nexta 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 „blie ho,,.ing if deemed
any ,,�,4 make a recorded finding of fact.
(+a) Approval of a request shall require passage by a simple
majority vote of to a quorum of the City Council.
(fib) 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.
(3c) 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 -a quorum of thgfufl City Council.
-
_
... ... ..
...
.....
._ _. _...
,Sttbd. of variance--o��. Whenever within one
year after granting a varianceeal, the use as permitted by the
variance o appealshallnot have been completed or utilized, then
the variance or- appeal 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 of 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 —anal. The Zoning
Administrator shall present the request petition shall be pfese to to
the Planning Commission for ^ reeemmendation to the City Council
for a decision.
(8) Appeal. Any person aggrieved by 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.
Sttbd. 5. C. Performance —bond agreement. In the cases as —a variance of appeal is
approved contingent upon certain conditions imposed by the Council, the Council
may require a performance bedagreement to be -prey 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.
(2) T T,• ,, ^ ^� �� ^ . ^ ^�, +The applicant shall
provide the city shall bepr-eNided with a letter of credit seen
ease escrow, ei4i fiea4e of depsit 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 reneaneellab e
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 or- appeal and the
ordinances of the city.
b -(3) The see city --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.
e(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 or appeal and
ordinances of the city has been issued by the City Building Official.
d —L5 Failure to comply with the conditions of the variance Of
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.
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
(Official Publication)
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE (SUMMARY PUBLICATION)
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO VARIANCES AND APPEALS FOR THE CITY OF SHOREWOOD
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
CHAPTER 1201.05 ADMINISTRATION, VARIANCES AND APPEALS: The amendments
separate the applications for variance and appeal into separate processes, remove the requirement
for a public hearing and amend the regulations for appeals and variances.
The amendments in their entirety are available for review in the City Clerk's office.
ADOPTED BY THE SHOREWOOD CITY COUNCIL OCTOBER 23, 2017.
S/S Sandie Thone
City Clerk