Minutes - Planning Commission - 11/01/1994

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MEMO ~AND UM TO: FROM: RE: DATE: Sylvia Frolik, Zoning Administrator William K. Goodrich, City Attorney Miscellaneous Zoning Issues October 27, 1994 You have asked that I research the possibility of providing an equal right of appeal to both the applicant for a variance and those opposing the granting of a variance. Such a right of appeal currently does exist for all parties affected by the variance. Section 9.03.05, Subd. 2.a. of the City Code states "However, any action of the Board of Adjustments and Appeals may be appealed to the Council by ANY affeCted person . ." (emphasis added). In addition, M.S. 462.361 provides that "ANY person aggrieved by an ordinance, rule, regulation, decision or order of a governing body or Board of Adjustments and Appeals . . may have such ordinance, rule, regulation, decision or order reviewed by an appropriate remedy in the District Court, subject to the provisions of this section." (emphasis added). Therefore, it is my opinion that any party, not just the applicant, has the right to appeal to the Council and appeal to the District Court for review of any Board of Adjustment decision. You have asked that I give an opinion on determining lot size for non-contiguous parcels of record Yor zoning purposes. I reviewed the information you have supplied to me regarding this subject. In addition, I have reviewed our City Code and its definitions as well as State Statutes which might be applicable. I do not believe the question you are asking is a legal question as such, but rather is a policy question which will need to be decided by the Planning Comznission and City Council. By that I mean that there is no legal prohibition for continuing the policy which is in effect in the City Code nor is there any legal prohibition to amend that policy as apparently some members of the Planning Commission would like to have happen. You have asked me to give an opinion on the issue of issuing home occupations as conditional use permits and then stating that the home occupation permit.expires when the designated person ceases to reside at the residential property. You are correct in interpreting conditional use permits as allowing the use to continue as long as the conditions are complied with or as commonly stated, the conditional use pel-mit runs with the land. The law does allow the City to place a finite life on home occupations as is currently being done. To avoid the issue you raise, the City may want'to issue a home occupation permit as opposed to a conditional use permit for