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MEMORANDUM 3.C DATE: June 8, 2011 PC Agenda Item TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #11-012 Applicant: City of Arden Hills Subject: Zoning Code Amendment – Section 1355 Request Consider approval of Planning Case 11-012 to amend Section 1355 of the Zoning Code and omit Section 1325.03, Subd. 3.C in its entirety, as presented in the June 8, 2011, Planning Case Report. Background On May 6, 2011, the Governor signed into law new legislation that revises the criteria City’s must use when reviewing variance requests. In order to remain in compliance with State Statutes, the City must update its Zoning Code to incorporate the revised variance regulations. As part of this update, Staff is recommending that Section 1325.03, Subd. 3.C be omitted from the Zoning Code, as it pertains to specific requirements for height variances, which are no longer necessary given the new variance review criteria. An article from the League of Minnesota Cities summarizing the new variance law is attached. Section 1355 of the City’s Zoning Code lays out the administrative procedures for all land use applications made to the City. In addition to updating the variance procedures, Staff is also recommending several other revisions that bring the City’s codes in line with State Statutes. One example is Minnesota Statutes §15.99, which outlines the 60-day review deadline City’s must use when reviewing land use requests. This language had not been updated in the City’s Code, and as such, the City’s review procedure did not comply with State Statute. While State Statute supersedes the City’s Zoning Code, and Staff has been using the proper procedures, it is City of Arden Hills Planning Commission Meeting for June 8, 2011 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2011\11-012 - Variance Ordinance - Zoning Code Amendment (Pending)\06-08-11 - PC Report - Variance ordinance amendment.doc Page 1 of 3