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Home My WebLink About1042 Ord (Zoning Variance) ORDINANCE 1042 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY REVISING THE SECTION RELATED TO VARIANCES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Replace. City Code Chapter 31, Section 31-208, Variance, is deleted in its entirety and replaced with the following: Sec 31-208. Variances Variances shall require the following: (a) Purpose. The purpose of the variance is to allow variation from the strict application of the terms of this chapter where,by reason of the exceptional physical characteristics of the property,the literal enforcement of the requirements of this chapter would cause practical difficulties for the landowner. (b) General provisions. In no case may a variance be granted to permit a use or a density other than a use or density permitted in the district. Nonconforming uses or neighboring lands,structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance. The planning commission may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (c) Procedure. A public hearing must be held by the planning commission. (d) Findings re q uired. The planning commis sio n may grant a variance, but only when all of the following conditions are found: (1) The variance is in harmony with the general purposes and intent of this chapter. (2) The variance is consistent with the comprehensive plan. (3) The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties",as used in connection with the granting of a variance, means that all of the following must be found to apply: (i) The property owner proposes to use the land in a • reasonable manner for a use permitted in the zone where Page 2 of 2 the land is located,but the proposal is not permitted by other official controls; (ii) The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and (iii) The variance,if granted,will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties. (e) Recurrent conditions. A variance may not be authorized if the community development director finds that the condition of the property or the intended use of the property for which the variance is sought is so general or recurrent in nature that a general regulation for the condition is required. (f) Precedents. A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. (g) Height variances. The city council is the final city authority for deciding upon any request for a height variance that would be more than ten percent greater than the height allowed in this chapter. The planning commission must hold a public hearing on a height variance request and must make a recommendation to the city council on whether the requested variance meets the findings required in Section 31-208(d). 2. Savings. In all other ways City Code Chapter 31 will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 6th day of December, 2011. CITY OF STILLW• " 0111.1"-- e ://a,r,yc://a, i, Mayor TEST: Diane F.Ward, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON City of Stillwater (Official Publication) ORDINANCE 1042 Julie Athey, AN ORDINANCE AMENDING THE STILLWATER CITY CODE being duly sworn on oath,says:that she is, CHAPTER 31,ENTITLED ZONING ORDINANCE BY REVISING THE SECTION RELATED TO VARIANCES and during all times herein states has been, TH6 CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Clerk of Sun Newspapers Publisher of the newspaper known as the 1. Replace. City Code Chapter 31,Section 31-208,Variance,is deleted., Stillwater Gazette, a newspaper of in its entirety and replaced with the following: general circulation within the City of Sec 31208. Variances Stillwater and the County of Washington. Variances shall require the following: (a) purpose The ur r Purpose. ose of the variance hereto to allow variation from the That the notice a et0 a ttached was cut from of the exce son strict application the terms of this chapter where,by reason P the columns of said newspaper and was tonal physical characteristics of the property,the literal enforcement of the requirements of this chapter would cause practical difficulties for the printed and published therein on the landowner. following date(s): (b) General provisions. In no case may a variance be granted to permit a use or a density other than a use or density permitted in the district. Nonconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance 8th of December 2011 of a variance. The planning commission may impose conditions in the granting of a variance. A condition must be directly related to and must Newspaper Ref./Ad#1083699 bear a rough proportionality to the impact created by the variance. (c) Procedure. A public hearing must be held by the planning commis- sion. n a).-61 (d) Findings required.The planning commission may grant a variance,but only when all of the following conditions are found: (1) The variance is in harmony with the general purposes and intent of Subscribed and sworn to before me this this chapter. 8th day of December 2012 (2) The variance is consistent with the comprehensive plan. (3) The applicant for the variance establishes that there are practical diffi- Mark Derr'': n culties in complying with this chapter."Practical difficulties",as used in con- nection with the granting of a variance,means that all of the following must be found to apply: / (i) The property owner proposes to use the land in a reasonable manner NOTARY PUBLIC for a use permitted in the zone where the land is located,but the proposal is not permitted by other official controls; (ii) The plight of the landowner is due to circumstances unique to the Washington County,Minnesota property and that are not created by the landowner;and (iii) The variance, if granted,will not alter the essential character of the neighborhood. My commission expires January 31,2016 Economic Filsi,Vkosjilmolg not constitute practical difficulties. (e) Recurrent conditions..A,variatpe may not be authorized if the commu- nity development director finds that the condition of the property or the intended use of the property for which the variance is sought is so general or recurrent in nature that a general regulation for the condition is required. . . - ,�y y MARK E.BERRIMAN (f) Precedents. A previous variance must not be considered to have set ,ks NOTARY RR M a precedent for the granting of further variances. Each case must be con- - r sidered on its merits. ;> :"""P MINNESOTA 0 My Commission Expires Jan.31 2016 , (g) Height variances. The city council is the final city authority for decid- ing upon any request for a height variance that would be more than ten per- cent greater than the height allowed in this chapter. The planning commis- sion must hold a public hearing on a height variance request and must make a recommendation to the city council on whether the requested vari- ance meets the findings required in Section 31-208(d). 2. Savings. In all other ways City Code Chapter 31 will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and atter its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 6th day of December,2011. CITY OF STILLWATER /s/ Ken Harycki Ken Harycki,Mayor ATTEST: /s/ Diane F.Ward Diane F.Ward,City Clerk (Dec.8,2011)Ordinance 1042