Agenda - Council Work Session - 09/26/2023

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (D) When an applicant proposes any construction or alteration that would exceed a height of 200 feet above ground level at the site then the zoning administrator shall notify the Mn/DOT commissioner at least 30 days in advance. (E) Notification of a Land Use Application in the Shoreland Overlay District, Scenic River Protection Overlay, or Mississippi River Corridor Critical Area Overlay shall be provided to the Minnesota Department of Natural Resources. (F) The Planning Commission shall conduct the public hearing, report its findings, and make recommendations to the Council, except in the case of a variance which is described further in this chapter where the Planning Commission has approval authority. Easement vacation public hearings are conducted at a regular City Council meeting. 215 Re -submitting denied applications. No application which has aeen denied wholly or in part may be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the zoning administrator. 216 Expiration of approved applications An approval resolution for variances, site plans, conditional use permits and amendments, and home occupations are valid for one year from the date of approval at which time the use must be in operation or have a valid current building permit. The City Council may grant an extension of up to two years based on reasonable extenuating circumstances before the initial expiration date. 220 Variances (A 'Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. (6) Public hearing notice mailing distance is 350 feet. (C) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the Zoning Code. "Practical difficulties," as used in connection with the granting of a variance, means: (1) That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) The variance, if granted, will not alter the essential character of the locality. (4) Economic considerations alone do not constitute practical difficulties. (5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems and (6) Public takings of property due to condemnation. (7) Variances shall be granted for earth sheltered construction as defined in M.S. 216C.06, subdivision 14, when in harmony with this chapter. (D) The Planning Commission may not permit as a variance any use that is not allowed under the Zoning Code for property in the district where the affected person's land is located. (E) The Planning Commission may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (F) The Planning Commission shall serve as the board final decision making authority. However, any action of the be-a-Fd Planning Commission may be appealed to the Council by any affected person if notice of such an appeal is received by the zoning administrator within ten days of the final action of the be-a-Fd Planning Commission. (G) The variance is approved by resolution. Page 30 of 160