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6.9. SR 03-17-1997ity of River ITEH 6.9. MEMORANDUM TO: Mayor and City Council FROM: DATE: Scott Harlicker, Planning Assistan~~ March 17, 1997 SUBJECT: City of Elk River Request for an Ordinance Amendment Designating the Planning Commission as the Board of Adjustment, Public Hearing Case No. OA 96-17 Request Consider a request by the City of Elk River to amend the Zoning Code designating the Planning Commission as the Board of Adjustment. Attachment · Ordinance No. 97- · Report to Planning Commission dated February 25, 1997 · Report to City Council dated January 21, 1997 Overview Background On January 21, 1997 the City Council initially considered this request. The Council indicated that they liked the simplifying of the review process that would result from the Planning Commission being designated as the Board of Adjustment. However, some Council members expressed some reservations regarding the Council's responsibility to hear variance requests and appeals and the fact that applicant's may view the Board's decision as final and not appeal a decision to the Council. The Council ultimately voted to deny the proposed ordinance amendment. Staff was then directed to look at the possibility of designating the City Council as the Board of Adjustment and eliminating routine Planning Commission review of variances and appeals. After researching this issue it was found that state law mandates planning agency, i.e. Planning Commission, review and recommendation of variances and appeals in any 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/©A 96-17 March 17, 1997 municipality in which the planning agency does not act as the board of adjustment. Page 2 This information was presented at the joint City Council/Planning Commission meeting. It was suggested that staff revise the initial ordinance amendment to include a section that automatically appeals any variance request or appeal, that was denied by the Board, to the City Council for their consideration. In addition, any person that felt they were aggrieved by a decision of the Board could still appeal that decision to the City Council. Planning Commission Meeting At the Planning Commission meeting held on February 25, 1997 no one spoke at the public hearing. The Planning Commission discussed the idea of amending the proposed ordinance amendment to allow for automatic appeal to the City Council of any variance request or appeal that was denied. Recommendation The Planning Commission and staff recommend approval of the proposed ordinance amendment designating the Planning Commission as the Board of Adjustment. The attached ordinance amends Section 900.40 of the Zoning Code designating the Planning Commission as the Board of Adjustment. It includes a section that automatically appeals any variance request or appeal, that was denied by the Board, to the City Council. s:\planning\scott\oa9617re.doc ITEM 6.6. City of MEMORANDUM 'ver TO: FROM: DATE: Planning Commission Scott Harlicker, Assistant City Planner~ February 25, 1997 SUBJECT: Request to Amend the Zoning Code by Requiring Only City Council Review for Variances and Appeals by the City of Elk River, Public Hearing Case No. OA 97-1 Request Consider a request by the City of Elk River to amend the zoning code by requiring only City Council review for variances and appeals. Overview Current status Currently the City Council functions as the Board of Adjustment; as the Board of Adjustment the Council acts on variances and appeals from decisions of the Zoning Administrator. The Planning Commission also reviews and makes recommendations to the City Council on variances and appeals. State Statute Initially it was thought that the City had the ability to designate the City Council as the Board of Adjustment and not require review by the Planning Commission. Upon further research it was found that according to State Statute 462.354: "In any municipahty in which the planning agency does not act as the board of adjustment and appeals, the board shall make no decision on an appeal or petition until the planning agency, if there is one, or a representative authorized by it has had reasonable opportunity, not to exceed 60 days, to review and report to the board of adjustments and appeals upon the appeal or petition." 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 44t-7425 Memo to the Planning Commission/OA 97-1 February 25, 1997 Page 2 Therefore, the Planning Commission, acting as the local planning agency, could be designated as the Board of Adjustment and have the authority to make decisions on appeals and petitions. However, the City Council acting as the Board of Adjustment can not make a determination regarding any petition or appeal without a recommendation from the Planning Commission. Recommendation It is recommended that the Planning Commission recommend that the proposed ordinance amendment be withdrawn based on State Statute 462.354. s:XplanningXscottXoa97-1.doc ITEM 8.7. City of iver FROM: DATE: Mayor and City Council Scott Harlicker, Planning Assistant' January 21, 1997 SUBJECT: Ordinance Amendment Request by the City of Elk River regarding the Designation of the Planning Commlssion as the Board of Adjustment, Public Hearing Case No. OA 96-17 Request Consider a request by the City of Elk River to amend the zoning code designating the Planning Commission as the Board of Adjustment. Attachment · Ordinance No. 96- Overview Current status Currently the City Council functions as the Board of Adjustment. As the Board of Adjustment the Council acts on variances and appeals from decisions of the Zoning Administrator. The Planning Commission also reviews and makes recommendations to the City Council on variances and appeals. Benefits of proposed amendment Having the Planning Commission function as the Board of Adjustments would result in the following benefits: The length of time it takes to get a decision would be shortened and the process less comphcated. Currently it takes about 2 months from the time an apphcation is submitted to a decision by the City Council. If the Planning Commission were designated as the Board of Adjustment, the 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City ~..~unci] Page 2 January 21, 1997 length of h_me needed to reach a decision would be about one month, and an applicant would only have to attend one meeting. The City Council's planning agenda will be shorter because they will no longer review variances and appeals. However, there may be an occasion when the Council will hear an appeal of a decision made by the Planning Commission acting as the Board of Adjustment. Designating the Planning Commission as the Board of Adjustment should not make their meetings last any longer because the Commission already reviews variances and makes recommendations to the City Council.. Board Procedure The Planning Commission would have to convene separately as the Board of Adjustment. Since there are occasions when an apphcation, such as a request for a CUP, requires a variance prior to considering the CUP request, it would seem the best time to convene as the Board of Adjustment would be just prior to their meeting as the Planning Commission. Convening as the Board of Adjustment would involve making a determination on each request. The format would be similar to the procedure currently followed when the Commission is acting as the Planning Commission. The major difference will be that the determinations made when acting as the Board of Adjustment will be final and not recommendations. Appeals Process It should be noted that anyone can appeal a decision made by the Board of Adjustment; the apphcant, a City Council member, a Planning Commission member, staff or anyone from the pubhc can file an appeal. The appeal has to be filed within 10 days of the decision and is filed with the City Planning D ep artment. Because of the time requirements for pubhs]~ing the pubhc hearing notice, it might be d]~cult to get the appeal on the regular City Council agenda. If the apphcant can file the appeal within 5 days of the decision, it is likely that the appeal can be heard by the City Council along with the other plaunJng items; ff the appeal is filed later than 5 days, it is likely that the pubhshing deadline can not be met and the appeal will be heard at a later date. In any case, unless the time period is extended with the consent of the person who appealed and the person who apphed to the Board, the appeal must be heard within 30 days of the date that the appeal was filed. s:kptann~n gkscottkoa9617cc.doc Memo to the May'or and Cit~ Council January 21, 1997 Plannin~ Commission Page 3 At the Planning Commission meeting held on December 19, 1996 there was no pubhc comment at the public hearing. The Commission discussed the length of time within which an apphcant must appeal a decision. The Commission also discussed a fi]iug fee for appeals and recommended that there be no fee assessed to appeal a decision of the Board of Adjustment. Recommendation The Planning Commission and staff recommend that the City Council approve Ordinance 96-__ designating the Planning Commission as the Board of Adjustment. s:Xplannin gXscottkoa9617cc.doc ORDINANCE 97 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.40 O THE CITY CODE OF ORDINANCES (BOARD OF ADJUSTMENTS) TO PROVIDE THAT THE CITY PLANNING COMMISSION SHALL SERVE AS THE CITY BOARD OF ADJUSTMENTS AND TO PROVIDE FOR APPEAL FROM DECISIONS OF THE BOARD OF ADJUSTMENTS TO THE CITY COUNCIL CASE NO. OA 97-1 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.40(1) of the City of Elk River Code of Ordinances shall be amended to read as follows: 1. Membership. The members of the Elk River Planning Commission shall serve as the Board of Adjustments (the Board) required pursuant to Minnesota Statutes 462.354, Subd. 2. Members shall serve until the expiration of their term as Planning Commission members. Board members shall serve without compensation but may be paid for necessary expenses. Section 2. That Section 900.40(2) of the City of Elk River Code of Ordinances shall be amended to read as follows: 2. Board Procedure. The Board may adopt rules of procedure for the transaction of its business consistent with the provisions of this Ordinance and Minnesota Statutes 462.351 through 462.364. Four members of the Board shall constitute a quorum. Regular meetings of the Board shall be held on the fourth Tuesday of each month or at such other times as are specified in its rules. Special meetings shall be held at the call of the Chair who shall be the Chair of the Planning Commission. Notice of special meetings shall be posted at the City Hall and transmitted to members at least three (3) days prior to the date of the meeting. There shall be a fixed place of meeting and all meetings shall be open to the public. A record shall be kept of the Board's transactions, findings and determinations. Section 3. That Section 900.40 (6) of the City of Elk River Code of Ordinances shall be amended by repealing existing subsections (B) and (C) and adopting new subsections (B), (C) and (D), which shall read as follows: B. Decision - Within a reasonable time after the hearing, the Board shall make a decision on the matter which shall be transmitted to the appellant or petitioner by mail. The Board shall act to approve, deny or approve with conditions the appeal or request for a variance. Decisions of the Board to approve or approve with conditions an appeal or request for a variance shall be final unless appealed to the City Council, and shall be effective on the eleventh day following the decision by the Board unless an appeal to the City Council is filed. Decisions of the Board to deny an appeal or for a variance shall not be final and shall be reviewed by the City Council in the same manner as an appeal of a decision by the Board. C. Appeals - Any person aggrieved by a decision of the Board on an appeal or a variance, including any city official or employee, may appeal that decision to the City Council. Appeals must be in writing and filed with the City Planning Department within ten (10) calendar days of the Board's decision. D. City Council Action - the City Council shall hear appeals from decisions of the Board within thirty (30) days of the filing of the appeal, unless that period is extended with the consent of the person who appealed to the City Council and the person who applied to the Board, both of whom shall receive written notice of the date and time when the City Council will hear the appeal. The City Council may reverse, affirm or modify, wholly or partly, the decision of the Board, and shall have all the powers of the Board in acting on appeals. Section 4. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this __ ,1997. day of Henry A. Duitsman Mayor Sandra A. Thackeray City Clerk s:\document\ordinance\oa97.1 .doc