Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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1 (C) Variances may be granted when the applicant for the variance establishes that there are practical 2 difficulties in complying with the Zoning Code. "Practical difficulties," as used in connection with 3 the granting of a variance, means: 4 (1) That the property owner proposes to use the property in a reasonable manner not permitted by 5 the zoning code; 6 (2) The plight of the landowner is due to circumstances unique to the property not created by the 7 landowner; and 8 (3) The variance, if granted, will not alter the essential character of the locality. 9 (4) Economic considerations alone do not constitute practical difficulties. 10 (5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for 11 solar energy systems and 12 (6) Public takings of property due to condemnation. 13 (7) Variances shall be granted for earth sheltered construction as defined in M.S. 216C.06, 14 subdivision 14, when in harmony with this chapter. 15 (D) The Planning Commission may not permit as a variance any use that is not allowed under the Zoning 16 Code for property in the district where the affected person's land is located. 17 (E) The Planning Commission may impose conditions in the granting of variances. A condition must be 18 directly related to and must bear a rough proportionality to the impact created by the variance. 19 (F) The Planning Commission shall serve as the final decision -making authority. However, any action of 20 the Planning Commission may be appealed to the Council by any affected person if notice of such an 21 appeal is received by the zoning administrator within ten days of the final action of the Planning 22 Commission. 23 (G) The variance is approved by resolution. 24 (H) Recording of variance. A certified copy of a variance resolution shall be recorded with the Anoka 25 County recorder or registrar of titles for record. The variance resolution shall include the legal 26 description of the property included. No building permit shall be issued until after recording is made. 27 (I) Additional standards for variances within the Mississippi River Corridor Critical Area Overlay 28 District are found in Section 910. 29 30 221-224 Reserved. 31 32 225 Site Plan Review 33 (A) Site Plan Review Applications Requiring Foil ial Planning Commission and City Council Review. 34 Absent a requirement for a conditional use permit, the following uses require a formal site plan review 35 application: 36 (1) Developments of multiple -family dwellings (three or more attached units), townhomes, and 37 manufactured home parks; 38 (2) Commercial and industrial principal and accessory uses when adjacent to a residential use; 39 (3) All proposed developments within the Floodplain, Scenic Rivers, and Environmental 40 Protection and Critical Rivers Overlay Districts; 41 (4) Religious institutions; 42 (5) Principal uses within the PI, P, and CL districts; and 43 (6) Principal uses within the PUD, COR. 44 (B) A conditional use permit application review shall satisfy the site plan review procedural requirements 45 for conditional uses. 46 (C) Public hearing notice mailing distance is 350 feet. 47 (D) The site plan review is approved by resolution. 48 (E) Conditions of approval. The City Council may attach reasonable conditions or modifications to the 49 site improvements or building architectural design to mitigate any adverse effects of the site. 50 Conditions related directly to the use are not permitted. 51 52 226 Administrative Site Plan Review Attachment A — Ordinance #23-14 Page 28 of 141