Agenda - Planning Commission - 07/07/2011

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Regular Planning Commission Meeting Date: 07/07/2011 By: Patrick Brama, Administrative Services Title: Public Hearing - Consider Ordinance to Amend City Code Section 117-53 Entitled Variances 6. 5. Background: On June 06, 2011 Minnesota amended its state variance statutes. It is the intent for the City of Ramsey to adopt the updated state regulations and amend existing city ordinances pertaining to variances. A variance is an avenue that a city may use to allow deviation from zoning ordinances. The city's Board of Adjustments and Appeals hears and votes on variance requests. Based on state statute, variances may granted in the event that a property owner passes (or proves) a three facet test. Notification: Notice of the Public Hearing was properly notified in the Anoka County Union, the City's official newspaper for Public Hearings. Observations: Previously, the three facet test that property owners had to pass (or prove) in order to attain a variance was called "undue hardship." Now the three facet test is called "practical difficulties." The original test, "undue hardship," required: (1) that the property cannot be put to a reasonable use if used under the conditions allowed by the official controls (2) the plight of the landowner is due to circumstances unique to the property not created by the property owner (3) if granted, the variance will not alter the essential character of the locality. The newly adopted test, "practical difficulties," requires: (1) that the property owner proposes to use the property in a reasonable manner not permitted by an official control (2) the plight of the landowner is due to circumstances unique to the property not created by the property owner (3) if granted, the variance will not alter the essential character of the locality. The key difference between the two versions of the three facet test is located in facet number one. Previously, property owners would only be granted a variance in the event that a property could not be put to a reasonable use. The new version states that variances may be granted if the property owner proposes to use the property in a reasonable manner. As stated, it is the intent of the City of Ramsey to adopt and reflect said changes within city ordinances. Specifically, Section 117-53 Variances. Attached to the case is the amending ordinance Funding Source: The proposed ordinance is being handled as part of regular staff duties. Staff Recommendation: Adopt the ordinance amending City Code Chapter 117, Section 117-53 (Variances) of the city code of Ramsey, Minnesota. Committee Action: