ORD 11-04ORDINANCE I I -04
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-635 OF THE ELK RIVER, MINNESOTA, CITY CODE
PERTAINING TO VARIANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-635 of the City of Elk River Code of Ordinances,
titled Variances shall be amended to read as follows:
Sec. 30-635. -Variances.
(a) A variance may be requested only by the owner of the property (petitioner)
to which the variance would apply. A variance may not be granted which
would allow the use of property in a manner not permitted within the
applicable zoning district, provided that the board may grant a variance for
the temporary use of asingle-family dwelling as atwo-family dwelling. In
granting any variance, the board may prescribe conditions to ensure
substantial compliance with this article and to protect adjacent property,
provided that the conditions are directly related to, and bear a rough
proportionality to, the impacts created by the variance. The violation of any
written condition shall constitute a violation of this article. No request for a
variance may be resubmitted sooner than six months following a denial. A
variance shall become void within two years following issuance unless
substantial action has been taken by the petitioner in reliance thereon.
(b) A variance may be granted by the board if it finds that:
(1) the proposed variance is in harmony with the general purpose and
intent of the ordinance; and
(2) the proposed variance is consistent with the City of Elk River
comprehensive plan
(c) Variances maybe granted when the petitioner establishes that there are
Practical Difficulties in complying with the zoning ordinance. Practical
Difficulties means that:
(1)the petitioner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance;
(2)The plight of the petitioner is due to circumstances unique to the
property not a consequence of the petitioner's own action or
inaction; and
(3) the variance, if granted, will not alter the essential character of
the locality.
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(d) Economic considerations alone do not constitute practical difficulties. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for solar
energy systems.
Section 2. That this ordinance shall take effect upon adoption and shall be
published as provided by law.
Passed and adopted by the City Council of the City of Elk Ri~-er this 15th day of
August, 2011.
J n J ietz, ~ ayo
ATTEST:
~~,
Tina Allard, City Clerk
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AFFIDAVIT OF PUBLICATION
fil0 1 INANCE 11.04
C OF ELK RIVER STATE OF MINNESOTA )
AN O' 1 INANCE OF THE SS
C OF ELK RIVER COUNTY OF SHERBURNE )
AMENDING
SEC ON 30-635 OF THE
ELK : R,MINNESOTA,
CITY ODE PERTAINING
• VARIANCES
The C ty Council of the City of Heidi Quanrud,being duly sworn on oath says that she is the office manager of the
Elk Ri •r does hereby ordain as Newspaper known as the Star News,and has full knowledge of the facts which are stated
follows
Sectio 1.That Section 3Q=635 below:
of the I.ity of Elk River Code of
Oddin:nces,titled Variances (A)The Newspaper has complied with all ofthe requirements con stitutingqualifications
shall .e amended to read as as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
follows
Sec.31-635. Variances. applicable laws,as ammended.
(a) A variance may be
reques ed only by the owner of (B) The printed legal notice, which is attached was cut from the columns of said
the pr perty(petitioner)to newspaper and was printed and published once a week for one week;it was first published
whic s the variance would on day g printed published every
apply. A variance may not be Saturday,the 20th da of August,2011,and was therefore rinted and ublished on ever
grantee which would allow the Saturday to and including Saturday,the 20th day of August,2011,and printed below is a
use of property in a manner not copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowledged
permi ted within the appli- py p � y g
cable oning district,provided as being the size and kind of type used in the composition and publication of the notice
that t.e board may grant a
vari e for the temporary use
of a ai gle-family,dtgellj� 4
two-fa is fly-dwelling.In grant-
ing a y variance, the board abcdefghijklmnopqrstuvwxyz
may •rescribe conditions to
ensur: substantial compliance
with t 's article and to protect
• adjac nt property, provided
that t e conditions are directly +
related to,and bear a rough `_IC�� ,
proportionality to,the impacts
created by the variance.The
violation of any written condi-
tion shall constitute a violation
of this anti e.No request for a Office Manager
variance +>' i be resubmitted . SHELLY RAE WESTOVER
' sooner th. six months follow- NOTARY PUBLIC
in adeni:l.A variance shall Subscribed and sworn to before me on
g a MINNESOTA
become voi, within two years this 20th day of August,2011 My Commission Expires Jan.31,2015
following s-.uance unless sub-
stantial ac pion has been taken
by the pet tioner in reliance
thereon. C----(b)A vari:.ce may be granted by the boar+ if it finds that tb
(1)the pr.i.osedvariance is in
harmony th the general pur-
pose and 'ntent of the ordi-
nance;and
(2)the p oposed variance is Notary Public
consistent ith the City of Elk
,River comp •hensive plan — --_
(c)Varia.ces may be granted
when the petitioner estab- RATE INFORMATION
lishes tha there are Practical
Difficulties in complying with
the zoninsi ordinance. Practi (1)Lowest classified rate paid by commercial $ 21.00
cal Difficul 'es means that:
(1)the p=itioner proposes to users for comparable space
use the property in a reason- (line,word or inch rate)
able man er not permitted by (2)Maximum rate allowed by law for the $ 15.50
the zoning.rdinance;
• (2) The slight of the peti- above matter
tioner is d e to circumstances (line,word or inch rate)
unique to the property not a
consequen e of the petitioner's (3)Rate actually charged for the above $ 15.00
own action or inaction;and matter
(3)the v:riance,if granted,
will not .lter the essential (line,word or inch rate)
character f the locality. 2,722,030
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(d)Economic considerations
alone do not constitute practi-
cal difficulties. Practical diffi-
culties include, but are not
limited to,inadequate access to
direct sunlight for solar energy
systems.
Section 2.That this ordinance
shall take effect upon adoption
and shall be published as pro-
vided by law.
Passed and adopted by the
City Council of the City of Elk
River this 15th day of August,
2011.
John J Dietz,
Mayor
ATTEST:
Tina Allard,
City Clerk
(Ag20)
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