3.1 - 3.4 PCSR 02-26-2013 �// ITEM # 3.1
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ITEM # 3_2
(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 a single-family dwelling as a two-family dwelling. In
granting any variance, the board may prescribe conditions to ensure substantial compliance
with this article and to protect adjacent property,including,without limitation, an expiration
date. The violation of any written condition shall constitute a violation of the ordinance. No
request for a variance may be resubmitted sooner than six months following 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 only if it finds that:
(1) The variance is in harmony with the general purpose and intent of the
ordinance.
(2) The variance is consistent with the City of Elk River comprehensive plan.
(c)Variances may be 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 petition's own action or inaction; and
(3) The variance, if granted,will not alter the essential character of the
locality.
(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.
Document2 2/21/2013 Last Modified
ITEM # 3.3
APPLICATIONS MAY BE ACCEPTED UP TO ONE WEEK BEFORE DEADLINE DATE
(See Planning Commission and City Council Meeting Schedule
Page 5 of the Land Use Application Form)
Sec.30-651.Application.
(a) A conditional use permit may be issued in accordance with this article for only those uses or purposes for which
such permits are required or authorized by this article.
(b) An application for a conditional use permit shall be filed with the director of planning on a form prescribed by the
city. The application shall be accompanied by such plans and information as may be required by the city, including,
without limitation:
(1) A site plan drawn at scale showing all abutting lots,existing buildings,existing uses,utilities,curb cuts,and locations
of trees having a diameter of six inches or,more.
(2) A proposed development plan showing proposed ingress and egress to the property and proposed structures,yards,
off-street parking and loading areas, and,''where appropriate,plans for utilities, screening,buffering,landscape,lighting,
signs and open space,and a development schedule.
(Code 1982,§900.42(1))
Sec.30-652. Hearing;review by planning commission.
On receipt of a completed application,including necessary plans and information,the director of planning shall
schedule its review and a public hearing by the planning commission.The planning commission shall report its findings
and recommendations to the council with regard to the application.
(Code 1982,§900.42(2))
State law references: Approval of conditional uses,Minn.Stats.§462.3595,subd. 1.
Sec.30-653. Hearing;action by council;notice.
On receipt of the report of the planning commission, the council shall hold a public hearing and shall make a
decision upon the proposal to grant or deny a conditional use permit. Except as otherwise provided by law, notice of
such hearing is subject to the following:
(1) At least ten days in advance of each hearing,notice of the time and place of such hearing shall be transmitted to the
applicant and shall be published in the official newspaper.
(2) All property owners within 350 feet shall be notified by mail of the subject,time and place of the public hearing.
(3) Failure of the property owner to receive notice shall not invalidate the hearing or proceeding.
(Code 1982,§900.42(3))
State law references: Public hearings,Minn.Stats. 55 462.3595,subd.2,462.357,subd.3.
Sec.30-654. Standards for issuance.
(a) Required findings. The planning commission shall recommend a conditional use permit and the council shall order the
issuance of such a permit only if it finds that such use at the proposed location:
(1) Will not endanger,injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity
or the public health,safety,morals,comfort,convenience or general welfare of the neighborhood or the city.
(2) Will be consistent with the comprehensive plan.
(3) Will not impede the normal and orderly development and improvement of surrounding vacant property.
(4) Will be served adequately by and will not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in
particular,create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
(5) Will not involve uses,activities,processes,materials,equipment and conditions of operation that will be detrimental
to any persons or property because of excessive traffic,noise,smoke,fumes,glare,odors,dust or vibrations.
(6) Will not result in the destruction,loss or damage of a natural,scenic or historic feature of major importance.
(7) Will fully comply with all other requirements of this Code,including any applicable requirements and standards for
the issuance of a license or permit to establish and operate the proposed use in the city.
(b) Denial of permit. If the planning commission recommends denial of a conditional use permit or the council orders
such denial,it shall accompany its recommendations or determinations by findings or a report stating how the proposed
use does not comply with the standards set forth in this section.
(Code 1982,4 900.42(4))
State law references: Standards required,Minn.Stats. §462.3595,subd. 1.
Sec.30-655.Conditions.
In approving a conditional use permit, the council may impose such specific conditions with regard to the
development or operation of the proposed use as it considers necessary to satisfy the standards set forth in section 30-
654 and the requirements contained in this article and to promote compatibility with and minimize any potentially
adverse effects upon adjacent properties,the neighborhood or the city. Such conditions may include,without limitation,
requirements relating to the following:
(1) Ingress and egress to the property and proposed structures with particular reference to vehicle and pedestrian safety
and convenience,traffic flow and control and access in case of fire or other catastrophe.
Document3 2/21/2013 Last Modified
Conditional Use Permit Application 2/21/2013 Last Modified
Page 2
(2) Off-street parking and loading areas where required and the economic,noise,glare or odor effects of the proposed
use on nearby property.
(3) Refuse and service areas.
(4) Utilities with reference to location,availability and compatibility.
(5) Diking,fencing,screening,landscaping or other facilities to protect adjacent or nearby property.
(6) Signs,if any,and proposed exterior lighting with reference to glare,traffic safety,economic effect and compatibility
and harmony with properties in the district.
(7) Required yards and other open space.
(8) Design and location compatibility with adjacent properties and other properties in the district.
(9) Expiration date.
(Code 1982,5 900.42(5))
Sec.30-656.Expiration.
If the proposed work described in a conditional use permit has not been substantially completed within two
years after its date of issuance, the permit shall expire and become void, except that the council may, following
recommendation of the planning commission,extend the permit for an additional period determined by the council on
the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use
specified in the permit and shall expire if,for any reason,the authorized use ceases for more than six months.
(Code 1982,§900.42(6);Ord.No.99-13,§ 1(900.42(6)),8-6-1999;Ord.No.00-05,§ 1,3-20-2000)
State law references: Conditional use permit duration,Minn.Stats. §462.357,subd.3.
Sec.30-657.Compliance.
Any use permitted under the terms of a conditional use permit shall be established and conducted in
conformity with the terms of such permit and of any conditions established in connection therewith.A violation of any
such condition shall constitute a violation of this article and shall be subject to the penalties and enforcement actions
provided for in section 30-576.
(Ord.No.00-05,§ 1(900.42(7)),3-20-2000)
Sec.30-659. Revocation.
(a) In addition to the remedies otherwise provided for in this ordinance,failure to comply with the conditions set forth
in the approval of a conditional use permit may result in revocation of the permit by the city.
(b) The revocation process shall be as follows:
(1) If the city administrator or the city council determines that cause exists to find noncompliance with the terms of a
conditional use permit, the city council may direct that a hearing be scheduled before the city council to receive
testimony and evidence,to establish findings,and to determine whether the conditional use permit shall be revoked.
(2) The owner of the property on which the conditional use is located,and,if known to the city,the owner or operator
of the conditional use,shall be notified of the hearing by personal delivery or certified mail,no less than ten days before
the hearing.The notice of hearing shall include a summary of the alleged noncompliance of the conditional use permit.
(3) At the hearing,the city council shall receive testimony and evidence from the public and the city staff regarding the
compliance or noncompliance of the use with the conditional use permit. The property owner and the owner or
operator of the conditional use shall have an opportunity to testify and present evidence.
(4) At the conclusion of the public hearing the city council may continue the revocation to a future date or make its
findings and determination.
(5) If the city council determines that the conditions of the conditional use permit have not been met, it may order
revocation of the conditional use permit effective on such date as it shall determine.
(6) Revocation of a conditional use permit shall not be ordered unless the city council has made findings in writing or
on the record of the council proceedings that there have been one or more violations of one or more conditions of the
conditional use permit.
(7) Revocation of a conditional use permit shall be a final action of the city council,appealable only to district court,as
provided by law.
(Ord.No.00-05,5 1(900.42(8)),3-20-2000)
Document3
ITEM # 3.4
City of
i'L'IL ..,
Elk ,. MEMORANDUM
River
TO: Planning Commissioners
FROM: Jeremy Barnhart, Planning Manager
DATE: February 26, 2013
SUBJECT: Upcoming ordinance amendments.
Periodically, staff reviews ordinances including the development regulations (zoning and
subdivision),land use,vegetation as well as zoning maps,identifying areas that need to be updated.
Rather to bring each necessary amendment individually,it is often more efficient to do several at
the same time. A majority of these changes, excluding vegetation,require a public hearing and will
be reviewed by the Planning Commission and City Council.
In the past, the Council has directed staff to seek authorization prior to utilizing resources to
accomplish these amendments. By authorizing the work, the Council is not approving the
amendment; the Council is merely authorizing the use of city resources to review possible changes.
These will be added to future agendas when staff time allows
Staff has identified the following areas that need attention:
Zone changes:
• Hohlen property (5 acres west of Home Depot) rezone from R-lc to C-3. Close
inspection of the relevant files note that the property was never rezoned to PUD,though the maps
erroneously reflect this. High priority
Land Use Amendment
• Northbound liquor: The Land use map notes this property as guided for open space.
Amend this to reflect use of the property,highway business.
• Sportech on 179th This lot is both C-3 and I-1. The land use map could be amended to
reflect only I-1. Low priority. (Both of the land use amendments could wait until the
Comprehensive Plan is updated later this year. It is listed here to outline the need for these
changes.)
Ordinance amendments
• I-3 signage and setbacks. Setbacks and signage regulation for this district were not codified
when this district was created. (30-1295)
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• Signage in general. The chamber of commerce is currently preparing some information
with the hope that the City will amend the sign ordinances. Staff has been in discussion with the
chamber of commerce,and will review their recommendations and forward appropriate
amendments. (starting at 30-851)
• Landscaping. Review appropriate trees. Define over story and ornamental trees. (30-934)
• Tree preservation. Review ordinances as they pertain to tree diseases,tree preservation and
clear cutting.
• Letter of Credit. Review letter of credit language,it is currently capped at$50,000. (30-
604)
• Metal siding. Review building materials in accessory structures (30-793)
• Fences in the I/C districts (30-796)
• Animals (30-803)
• Vegetation. Review language pertaining to diseased trees (Chapter 82)
The Planning Commission is asked to begin thinking about changes they'd like to see in these
areas;and ideitify other changes that need attention.
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