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6.4 ek/ *� ITEM 6.4. tyof � Ilk River MEMORANDUM TO: Planning Commission It FROM: Scott Harlicker, Planning Assistance DATE: December 19, 1996 SUBJECT: Ordinance Amendment Request by the City of Elk River regarding the Designation of 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. Attachments • Ordinance No. 96- Overview Currently the City Council functions as the Board of Adjustment. As the Board of Adjustment they act 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. At a joint meeting of the City Council and the Planning Commission held on March 6, 1996, the issue of having the Planning Commission become the Board of Adjustment was discussed. After some discussion regarding some of the benefits, the Mayor suggested that this item be presented to the Council at a later date. By having the Planning Commission function as the Board of Adjustment the length of time it takes to get a decision would be shortened and the process IP less complicated. Currently it takes about 2 months from the time an application is submitted to a decision by the City Council. If the Planning 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to the Planning Commission Page 2 December 19, 1996 • Commission were designated as the Board of adjustment, the length of time needed to reach a decision would be about one month, and an applicant would only have to attend one meeting. Designating the Planning Commission as the Board of Adjustment should not make their meetings last any longer because the Commission already reviews variances and make recommendations to the City Council. The City Council's planning agenda will be shorter because they will no longer review variances and appeals. 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. Anyone can appeal a decision made by the Board of Adjustment; the applicant, a City Council member, a Planning Commission member, staff or anyone from the public can file an appeal. The appeal has to be filed within 10 days of the decision and is filed with the City Planning Department. The Planning Commission would have to convene separately as the Board of Adjustment. Since there are occasions when an application, 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 conducting separate public hearings for the variance requests and appeals and 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. Recommendation It is recommended that the Planning Commission recommend approval of Ordinance 96- designating the Planning Commission as the Board of Adjustment. • s:\planning\scott\oa96-pc.doc • ORDINANCE 96 - 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 Np. OA 96-17 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 tines as are specified in its rules. Special meetings shall be held at the call of the Clair 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 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. s:\document\ordinance\oa96-17.doc • 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. Appieals must be in writing, accompanied by the appropriate fee, and filed with the City Planning Department with ten (10) calendar days of the Board 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 sh01 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 day of , 1996. • Henry A. Duitsman Mayor Sandra A. Thackeray City Clerk • 2