HomeMy WebLinkAbout7C, Planning Case 11-012 - Zoning Code Amendment – Section 1355�
EN HILLS
Request for Council Ac�ion
Prepared By: Meagan Beekman, City Planne:r CounciI Meeting Date: June 27, 2011
Planning Case 11-012 — Zoning Code Amendmenf Regarding Section 1355
Budgetec�. Amount: Actual Amourit: Funding Source:
NA NA NA
Recommenda�'ron:
Consider approval of Ordinanc� 20ll-008 in Planning Case 11-012 io amend Section 1355 af
the Zoning Code and omit Section 1325.03, Subd. 3.0 in its eniirety, as presented in the �une 27,
2011, report to the City Cauncil.
Consider publishing a summary of Ordinance 2011-008.
Supportin� Documents:
l. Memarandum dated June 27, 2011, from Meagan Beekman, City Planner.
2. Draft June S, 20ll, Planning Commission Minutes.
3. Section 1355 — Black-lined Version.
4. Ordinance 2011-008 and Publication Summary.
5. May 11, 2011, Artic�e from ihe League of Minnesota Cities
�
EN HILLS
MEMORANDUM
DATE: Ju�e 27, 20l I
TO: Honorab3e Mayor and City Counciimerabers
Patrick Klae�-s, City Administrator
FROM: Meagan Beekman, City Planner
��
SUBJECT: Yianning Case #11-012
Applicant: City of Arden Hiils
Subject: Zoning Code Amendment — Section 1355
Requested Actio�
Consider approval of Ordinance 20] 1-0OS in Planning Case 11-012 to amend Section 1355 of
the Zoning Code and or�i€ Sectian 1325.03, S�bd. 3_C in its entirety, as presented in the June 27.
201 �, report to the City Council.
Consider publishing a summary of Qrdinance 20] ]-008.
Back�round
Qn May 5, 201 l, the Governor sibned into law new Iegis�ation that revises the criieria City's
must use when revi�wing variance requests_ ln order to rett�ain in compliance with State
Statutes, the City must update its Zaning Code to incorporate t�e re�ised �arianee regulations.
An article from the League of Minnesata Cities surrimarizing the �ew �ariance law is attaehed
{Attachment D).
As part of this u�date, Staff is recommending that Section � 325.03; Subd. 3.0 be omitted from
the Zoning Code, as it pertains to specific rec��irements for height variances, which are na lon�er
necessary biven ihe new variance review eri#eria_ Historicat3y, the City had special review
criteria far height variance requests that circumvented the typicaIly variance review crEteria laid
out by State Stat�te. The new variance re�iew criteria can encompass the specific concer�s
related to height variances while treating ail variance requests the saEne, which is preferred.
City ofArden HilJs
Ciry Council :tfeeting_for Jz�ne Z7, 2011
l'�;�letr-o-i�ret.rrs:arde�ilrills�.Plaurrrf�glAlnnnmg Cases120]! lll-01? - I"arintace Ordinunce - Zoning Code Rmendmeu� (PC.9pproredJ�,OG-17-11 -
t�'ariance Procedrrr�es - .tfenao.doc
Paee l of Z
Section 1355 of the Cfty's Zoning Code lays out the administrative procedures for all land use
appIicatio�s made to the City. In addition to Updatir�g the variance procedures, Staif is also
recommending se�eral other revisions that bring the City's cades in �ine with State Sfiatutes_ �ne
example is Minnesota Statutes §15.94, which autlines the 60-day review deadline Ciry's tr�ust
use when reviewing land use r�quests_ This �anguage had nat been updated in the City`s Cocle,
and as s�ch, the City's review pracedure did not cort�ply with State Stat�te. Whfle State Statate
supersedes the City's Zaning Code, and Staff has been using the proper procedures, it is
important for the City's regulations ta comply with State Law in the event that the City is
challenbed.
In addition to t�e 60-day ru�e lang�age, �ta�Fis also recomrnending amendments to Section 1355
that would hrir�g #he City's voting requirements in line with State Law for the approval of certain
land use requests_ A black-Nned version of 5ection � 355 is inc3uded as Attachment B.
Recommendatian
T�e Planning Cammission reviewed this application and held a public hearing at their June $,
2011, meeting (At#achment A}. The Ptanning Cammission unanimously reco�nmended a�proval
(5-0) ofthe proposed changes.
Re ues#
Motion to approve of Orc�inance 2011-008 in Plannina Case l I-012 to amend Seciiar� 1355 of
the Zoning Cade and ornit Seetior� 1325.03, Subd. 3.0 in its entirety, as presented in the June 27,
2011, report to the City Council.
Motion to appro�e publishing a summary ofOrdinance 20] �-008.
Attachrr►ents
A_ Draft June 8, 201 I, Planning Co�mission Minutes
B. Section ] 355 — Black-lined Versior�
C. Qrdinance 201 ]-008 and Publication Sr�mmary
D_ May 11, 20I ], Article from the League ofMinnesota Cities
Ciry ofArden HiIIs
Ciry Council:Yleeting for June 27, 2011
ilh-fen-o-i�7et.r�slnrderilri!!s':Plnisnif�g�,Planniig Cases'2011 ill-OI2 - G'arin�rce Ordfna��re - Zo�in�g Cnde,4iuendnref�l (PC Approredj'�,OG-?7-11 -
Y'arrarrre Procedrn es - Nlemo.doc
Page 2 of 2
Attachment
Draft June 8, 2 0� 1, Planning
Commission Minutes
The Planning Commission voted unanimously to approve the
application.
.' `
-� ���,�s
June 27, 2011, City Council Meeting
Draft .�une 8, 2011, Planning Camr�ission Minutes
Planning Case 11-012; Zoning Cade Amendment regarding Section 1355; City af Arden
Hills --Pu61rc Hearing
City P}anner Beekman stated on May 6, 2011, the Governor sibned into law new
legislation that revises the criteria Citys must use whe� re�iewing variance requests. In
arder to remain in cotnpliance with State Statutes, the City must �pdate its Zoning Code
to ineo�porate the re�ised variance reguIations. As part of this update, Staff is
reeommending that Section I325.03 Subd.3_C. be omitted from the Zoning Coci, as it
pertains to specifc requirements for height variances, which are no lon�er necessary
biven tY�e new variance review criteria. She provided additional background and other
recomr�endec� chan�es to the Zo�ing Code.
Chair Larson asked if the intention of Section 1355.01 Subd. 2 was ta o�tline when a
public hearing may be required_
City Planner Beekrr�an stated this was the intent�on of this section. She stated Staff
would ]oak at the warding for this and make addttionai changes prior to the City Cot�ncil
meeting.
Chair Larson asked for clarifcation on wher� the time starts for the l 5-day time frarne for
finding an appiication co�np[ete in Section 1355.05.
City Plar�ner Beekr�an stated at the time the a�p�ication is submitted, Staff has I S-days to
cieterrnine if the appIication is complete or not. lf the appIication is incor�plete the
applicant wil� be notified and the time would restart at the time the application is
resubmitted.
Chair Larson stated Section 1355.04 Subd. 4_C.7 referenced tenaporary do�ble fa3ni�y
dweiling. Ne asked if t�is was sorziething that was appraved by the Planning
Cammission Qr the Ciry Council.
City Planr�er Beekman expIained the approval for this would be the same as any other
variance request. The wordinb in this iterrt is taken fror� State Statute and it is something
new to the statutes. This item is to accommadate thase emergency situations where
family rr�embers may need to stay for an extended per�od of titne. This is new language
and other communities are just s�ar�ing to loak at their Codes and making the necessary
ehanges.
Chair Larson opened the floor to Cammissioner camments.
Chair Larson opened t�e public hearing at 7.44 p_m.
Chair Larson invited anyone for or against the application to come forward and make
comment.
The being no comment Chair Larson c�osed the public hearing at 7:45 p.m.
Cammissianer Zimmerman inovet� and Co�rnissioner Hames seconded a motion ta
recammend approval arPlannin� C_a_s_e_11-012 �o amend Section 1355 of tl�e Zonin�
, .,...
o e and omit Seetion 1325.03, Subd.3.0 i
n its entirety, as presented in the �une 8,
2011, Plann�n� Case Report. The mot�on car
r�ed unan�mou,sl;y,,,�5�4).
_ _ ___ _ _
Attachment
Section 1355 �- Black-lined Version
�.
-�.���.�.5
June 27, 2dl 1, City Council Meeting
City of Arden Hills Chapter 13 Zoning Code
Section 1355 - Administratior� and Procedures
1355.01 Procedure for P�blic Hearin�s_ �m.=��-� ���:I �Q, �nnv
Subd.1 Actions Requiring Public Hearin�s_ The fo�lowin ' land
use appl�cations rec�uireY:,,..��u.�„ ;,,�,,,,.;��a �� *"�� '�� �'^�� � that a
V �l�AJ
public hearing be held priorto action by the City Council:. T"��� „„^^�a•,r�^ �n�'.,�'�:
A. Amendments to the Zoning Code regulations;
B. Rezoning af �and from one district to another;
C. Conditional llse Permits for Canditional Principal or Conditional
Accessory Uses,
D. Planned Unit De�elopments;
E. Comprehensive Plan Amend�nents;
F. Interim Use Permits.
Se�bd.2 Actions �#e�e-�Not Re uirin Pubtic Hearin�s . The
followin� land use a lications do not re uire a
uo ,-:�oU �o .,ta„ ,�,o r-;�. ,,, �,,.�,a p�bIic hearing� �nless"��� tl�e Zoni��
..,... E L ",
Ac�ministrator� determines that adjoining property owners or other residents shot�Id
be advised of a speei�c proposal_. T"��� „r����',=r�n ;^^�,.��:
A_ Variances
B. Site Ptan Reviews
Subcl. 3 Notice ofPublic H�arin�.
A. Published Notice. A notice of the time, }�e ]p ace, and purpose of
Publ�c Hearing shall be pub�ished in the Official newspapez- at least ten
{ i 0) days prior to the day of the Hearing.
B. Mailed Natice. Rezonin� of land; Conditional Use Permits, Interim
Use Permits; and Planneci Unit Developments, shail also req�ire rnailed
natice, at least ten (] 0) days before the day of hea�ing, to each owner of
property situated whol�y ar partialiy within three hundrec� fifty (350} feet
of the boundary af the Property on which the application z-equiring the
Pu61ic Hearin� is situated.
e eE�i-s� e#� a�v�te-�s�-�'��3— =a.o„�,-,��^���e�.T
��s���e�-��-er� �i���cz-ee��a�r}; p�i�����,o��am-ess-ia�€1s—The City
Section 1355 � Adrninistration and Procedures
Adopted: November 13, 2006
Page 1 of ] 4
City of Arden Hills Chapier 13 Zoning Code
CoUncil shall be responsible for nnaiiing the notices to the �-
aw�landowners.
C. Referra} to Others. The administrator shall alsa refer copies of the
appIication and req�ired documentation in support thereof to atI�er City
officials who have an interest therein in accordance with the required
administrative distribution schedule.
D. Record of Notice_ A copy of the notice and a list vf the narnes and
addresses to which the notice was sent shall be atkested ta by the
administrator and shall be r3-rade a part of the recorc�s of the proe�edings.
Failure of Written Notice. The failure to give mailed not�ce to individual
property owners shaIl not invali�ate the proceeding�, pravided a bona fide
attempt has been made to comply wit� the notice requirements.
Subd. 4 Publie Hea�ina by I'lannin� Commtssion. "�'�*��� �-��*-� r�m a.,,.� .,��r ��,,,
�
� ' � , Tthe pUblic hearin�
shail be held before the Ptanning
b � f
� , � -
�Commissiot�. The applicant or its#� representative shall be given the opportuniry
to appear before the Plannin� Commission to answer q�estions or give explanations
re�arding the proposaI. T�e Plannina Cornmission may adjourn #�e public heari�g to
its next meeting, either regular or special, and may continue its study and
consideration of the applieation at meetings subsequent to the mee#ing at which the
public hea�•ing was initiaily held. llpon carnpletian ofthe public hearinb anc� its study
and consideration af the appfication, the PlanninQ Comrnission shall submit its
written report; containing its findings, conciusions, and recammendations as to the
application, to the C�tY Councit.
Subd.S Additional Hearin�s by City_.Council. The Citv Counci! may hoid
additional hearings :.;�'.:;., s!;.;-�J, ��n�_a, .��� +e,o o�* ,-.�,e,o ,,,� �„ f�..,
l JV
rP�`�+irit .,firi.., ., ..t:.,.�t:� +I.o„ +b.o !`1,..,,.,:I �h lt i, 1.7 l.l:.. i,o�r:.z.. . ,:fL.;,� +i-.:..r�.
__,.. .�... ... ..... ...y�N,......,..T;� ...,.... �.... �....,....... a.....,s �avau u �uv
(=�.R-1-d.:�aas_�f-tar_ tt-,a o ,-„+.,,� ..�' �.,;a .. .,.., «m ,a.,.� „ ,,,a ri��� +k r� •�
��,.,� ...»>.. .,.�.,. �..., .. :�:,.....�,.,,, .,, .,.,i.� a:�i�y `.�.,� �.a.. , ,
�e�i��e���r��e�s�-€�e� t-�e-��#+Eat�gTa���--e��e�-����Failu�e to
receive a report from the Plannin� Commission, as herein provided; shall not
invafidate the proceedings or actions ofthe City Council.
Subd. b Action by City Council. The C�Counci! must take action on the
application in accordance with Section l 355.05 of this Code. •�r;*�:� �;�*.� '�n' a"��
•.---:..., .a ..,.. ,..t.._..� w.� v� �..�. Lw...u.a�,v., w ivi.vv"'b
�,o�r;�,. �,e}.� �. �i.,
Ea�-t�c��Citv Cauncil action may inc[t�de approval, �}denial_ or referra� back to
ihe Plannin� Commission. Citv Counci] action may include approval in whole or in
5eciion 1355 - AdminisiraYion and Procedures
Adopted: Naven-�ber l3, 20fl6
�'aee 2 of l4
City of Arden Hills Chapter l3 Zoning Code
part, tabling for a specified period of tirne, or referra� back to the Plannin�
Commission for its further cansideratia� and repor� to the Counci� within a speci�ied
period af tame not to exceed the timeline eontained in Minnesota Statutes �15.99.
. The applicant shall be notifie� in
writinb of the C�Council's action.
����.-0�Procedure for Actions Not Requirin� Public Nearin�s. ,
I355.02 Requesis far Variances and Site Plan Reviews do not require �-a pubIic hearingi�e
�-but tI�e �'�-��;�b �`�mm;��:�^Zoning Administrator may determine that adjaining property
�wners should be invited to ��the Plannin� Comm.ission meeting to offer responses to the
appiication, prior to action by the City.
Subd. l Placin� Re uesi on PIannin Commission A enda. �arct�,.� �;.,.., r�m a.,.,�
a-���- t-!� �'��es�t-e�t-I�e�c-�rt�e��-The Zorting Administrator shall place
ihe reyuest on the Planning ComFnission Abenda.
Subd. 2 ReferraI to Others. The Zonin� A�dministrator shall also refer copies of
the applicatior� and reguired documeniation in support thereof to other City offcials
who have an interest therein in accardanee wi#� the req�ire� administ�ative
distribution scheduie.
Subd.3 Pia�nin� Cornmission„__ Cansideration. The applicant or its�
representati�e shall be given the opportunity to appear befare the Pla,_.__,... nnin�
Comrnission to answer questians or give explanatians regarding the proposal. The
Plannin� Carnmission may adjourn the discussion to its next meeting, either reg�}ar
or special, arsd �nay coniinue its study and eonsideration ofthe applicatian at meetings
st�bsequent to the meeting at which the initial discussion occurred. Upan comple�ion
�f its study and consideration of the application, the Plannin� Commission shall
subrnit its written report, containing its findin�, conclusions, and recommendations to
the City Cout]C11_ �-�::u:: �� Y�u�:,� ., .tio .., r,� ;r ,,,�., .,�,,,..�,,, „ ,..�:,,,,�:,,.,
thd �� �� te..� r�,. +t,o
L.
Subd. 4 C_ ity Council Consideration. �n�}s-i�e�i-����;�;�e�t-iens, t-I�The City
Council sha�l consider the advice and recommendations of the Plannin� Commission
and may approve the �application if it deterrnines that the �application �
Y�:ii��JJ�VI�. ��� a��o:�AT��co_mplies with the city standards. � �pplications may
be denied by action of the City CounciI, and such action shaIl constitute a ftnding and
determination that the conditions required for approva] da nat exist.
S�bd.S ActioR by City Council. The Citv Council must take action on the
application in accordance with Section 1355.05 of this Cade. ''''�� r^��^^:' m..�* *�'-�
�
� b . Ci�Council
SecTion ]355—AdministrationandProcedures
Adopted: November 13, 2006
Page � of 14
City of Arden Hills ChapEer 13 Zaning Code
aetion may inelude approval, ��ci_enial, or referral bacl� to the Plannin
Cammission.
[ 1355.03 A lieation Re �irements for All Lanc� Use Procedures. ,
Sabd.1 AppIicatian_
�„�^ '����-a�r�i�i���-a�e�e-�e�}e���e�t-ie� � ,-.,, ,,,,,� „�, ,.�.;,r�
�ee�����t�e�The eo�npleted land use application shall be submi�ted, ta the Zonin�
Administratar.
Subd.2 Doeumentation. Forms describing ihe required documentatio� for each
P�s����iand Use application required herein are included as Appendix A,
Procedure Man�aI anc� are ava.ilable from the Z�oning Aad�ninistrator.
�-�:�Subd. 3 Action by Citv Council. The City_Council shalI review all
�and use applications in accorda�ce with Sectian„ 1355.05 ofthis Code.
� I355,Q4 Procedural Re uirements for S ecific A licatioz�s. ,
Su�d. 1 Zoning Code Amendment.
A. Public Hearir��. A public hearin� is required before action by the C1tV
Council.
B. Action to Approve. Three affirrnative votes ^^'��of the-f�} Citv
Council are� required for action to amend the text of the Zoning Code—_
In the event an application for amendment is approved, an appropriate
amending ordinance shall be executec� and published.
Subd. 2 Rezor�in s/g Comprehensive PIan.
A. Consistency with Compreher�stve P]an. lf a propased rezoning is not
consistent with the Ardet� Hills Compreher�si�e �F�an, the applicant
shal} appIy for a Comprehensive Plan Amendment concurren�ly wit3� the
application for rezoning. Written and graphic documentation shall be
provided by the appiicant, showing why the �roposed amendment is
superior to the existing Pian and changes that ha�e occurred that make the
Amendment appropriate_
B. Public Hearin�_ A public hearirtb is required for a Comprehensive
Plan Amendment and for the rezoning_
C. Action to Approve-. Three a�firmative �otes" ^'�� of the €�1C�
Cor�ncif az-e� required �ef-ae-��e�to rezane property from one district to
anather rovided that the rezonina of ro ert from residential use to an
industrEal_ use shali require approval bv four affirtnative yotes of the City
SecFion I355 — Administration and Procedures
Adopted: November E 3, 200b
Page 4 of 14
City of Arde� Hills Chapter l3 Zo�ing Code
� ;�' � � ^ �`���r�'���n;.��Council. Corriprehensive Plan Amenc�ments
shall require fo�r affir�nati�e votes of the City Coiancil. in the event an
application ��far a rezonin� is appraved, an appropriate amending
ordinance sha�l be executed and pubIished. Rezoning amendrt�en�s shall
describe the property rezoned by its }egal descriptian, and shall be
indicated on the official zoning map, but it shall not be �ecessary to re-
publish said zoning rr�ap to effect�ate the rezoning a�nendment.
D. Business and Industrial Distriet Rezonin�,. Befare any new area is
rezaned to a business or �r�dustrial classification, the praperty must be
Jocatec� adjacent to an arterial or callectar raad as shown on the
Camprehensive Deve�opment Plan, ar the rezoning wiIl be an exte�sion of
an existinb business ar industrial district and in conformance with the
intent af the Cornprehensive Plan.
Sabd. 3 Cancfitional Use Permits.
E. Public Hearin�. A public ttearinb is required.
F. Action to A�arove_ Three affirmative votes of ihe City counci� are
required �e�-rto approve a conditio�a] use perrnit and the actian of the
City Council must ,.�., � .. ^�;+.. �*� �f.,,� �;,1� r„ ,.:T �a ...,
�.Nu u�U� ��,' ��V4�+ Vl L�l�.
include a determi�ation that the facts and circumstances of the particr�lar
case warrant the 6ranting of the permit. The Cour�cil shalE cotasider tl�e
factual f�ndings, conclusions and reco�nmendations of the P�anning
Commission, as contained in its repart, and both shall cansider the effect
of the proposed use upon the health, safety; con�enience and general
welfare of the owners a�d occupants of surroun�ing 1and, in particu�ar,
and the community as a whoIe, in general, including but not Iimited to the
folIowing factors: existing and anticipated traffe and parking conditions;
noise, glare, odors; vibratiota, smoke, dust, air poll��ion; heat, fic�u�d ar
solid waste, and other nuisance characteris#ics; drainage; populatior�
density; �isual and land use cotnpatibility with Uses and structures on
surrounding �and: adjoining land values; park dedications where
applicabte, and the orderly de�elopment of the neighborhood and the city
witk�in the general purpose and intent Of tYlIS Zaninb Code and the
Comprehensive �'�•��'^�mryn* Plan for the City.
G. Imposition of Conditions. In th� granting of a conditional use permit,
the City Council may irnpose such conditions, in addition to the generaI
conditions and requirernents of i�is Code to which every conditional use
per►nit shall be subject, as it deems necessary ta serve and protect the
health, safety; convenience and generai welfare of the cammunity. Such
conditions rnay incl�de, among other things, a time limit within which the
conditional use or a portion thereof, or improvemen�s in connection
therewith are to be established, constructed, completed or catx�menced,
and a requirement t3�at the person ar frm to whort� the conditional use
5ection 1355 — Administration and Procedures
Adopted: November 13, 200b
Page 5 of F 4
City oi Arden Hills Chapter I3 Zoning Code
perrnit has been granted depos�t with the City either cash or a perfartnance
bond in a sum equal to one hur�dred riventy ft�e (125%} percent of the
estimated cost, as deterrnined by the City Engineer, of irriprovements to be
constructed in accorda�ce with the permit to insure camptetion thereof
within the time Iimit specif�d in the permit. The canditions so imposed
by the Citv Council shall be specif�cal�y stated in the permit and maybe
subject to periodic review as deterrnined by the Ci�Councit. The
vio�ation of any special or general con�ition set forth in a conditional use
permit shali constitute a vioiation ofthis Code.
H. Permit for Particu�ar Site. A conditional use permit is granted for a
specific use at a specific site, nflt for a persan or f rm.
I. Desi��tated Uses. llses for whieh conditional use pennits are requ�red
and the zoning districts in which they are allowed are designated in the
land use chart as set forth in Section 1320 hereof. No building permit
shall be issued for any use in a zoning district which requires the issuanee
of a conditional use perrnit before it can be located in tt�e particular
district, until after the conditionai use permit has been granted by the City
Counci}.
J. Discontinuance of a Conditional Use. If the use for whieh any
conditiona} use permit has been granied has ceased or has beer�
discontinued for a periad of ninety (90} consecuti�e days, the permit shall
automatically expire and becot�e void at the end of such ninety (g0) -day
period.
Subd.4 Variances.
A. Pubiic Hearin�. A pubiic hearing is not required but neighbor�ng
property owners shail be notified.
B. Action to A�prove. Three affirmati�e votes of the Citv ��
_,��� ��''�� Council are�-s re uired � r��-*;�r
�� q -�--�,7 to apqrov_e the grantina af a
variance.
C. Criteria for Review. The fotlowin criteria shall be a lied ta the Cit
Cot�ncil`s review of a �ariance a I'tcation:
1. Pur ose and lntent. The �ariance re uest shall com } with the
p�rpose and intent provisions of City's„ Zonin� Re�ulations and
with the olicies ofthe Cit 's Com rehensive Plan.
2. Practical Difficulties. The a licant for a variance s�all establish
that there are practical difficu�ties in complyina with the provisiQns
of the Arden Hilis Zonin� Regulatians. The term "Fractical
DifiicuIties'' as used in the branting afa �ariance means:
Sectian 1355 — Aclmi�isifation and Procedures
Adopted: Navember )3, 240b
Page 6 of 14
City of Arde� Hills Chapter 13 Zoning Code
a. Reasona.ble Use. The property owner, praposes to use t�e
property in a reasonab�e ma�ner not permitted,,, bv the Zoning
Ordi�tance.
b. Uni_que Circ�ams#ances. The pli�ht of property owner is due to
eircumstances uni ue to th� ro ert not created b the
landowner.
c. Character af Nei hborhood. The �ariance if ranted wil] nat
alter the essentia] character of the neighborhood.
3. Ecanoznic Consideratian. Econamic consideration alone does not
canstitute a ractica� difficul .
4. Aceess to Sunli�ht. Inadequate access. ta direct sun�ight for solar
energ,y s�tems shalI be considered a practical difficulty.
5. Earth Sheltered Housin�. Earth sheltered construction, as defned
in Minnesota Statutes �216(C).Q6,,Subd. l4, sha.11 be consiciered a
ractical difficul if the ro ert � is otherwise in com liance with
the Arden Hi�ls Zonin� Re�u9ations_
6�Non Perrnitted Use. A variance shall not be granted if it wouId
allow a use which is not otherwise ermittecf in t3�e zanin district
where the pro�erty is located_
7. Tem ora Dauble Farrtit . A variance ma be �ranted to aIlow
tert�porary use of a one family dwe[iin� as a two,faroily dwellin�
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Secfion 1355 -Administration and Procedures
AdoptecE: November I �, 20p6
Page 7 of ] 4
Cify of Arden Hills Chapter 13 Zoning Code
�E�
- A -
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�D. Conditions to Ins�are Compliance. The City Councit rnay impose
conditians in �rantin� a �ariance. A condition must be direcily related to
and must bear a rou�proportionality to the i�npact created by the
�ariance?���u.:�:> >�� o ,-.a•.•„ ��,o ...�;,,,. �+�,
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Subd. 5 Site Plan Review.
A. PUblic Hearin�. A pr�blic hearing is not required but neighboring
property owners may be notified.
B. �.ction to Ap�ra�e. Three affirtnative votes of the City Council are�
,y::�;nY=*Y� •�^fa ^�'*'�� �'�.,„�;' ;� req�aired for approval ofa site plan.
C. Building Permit. The issuance of a perrnit for a new building or
significant site modification for a permitted or established use within a
Multip�e Dwelling Zoning District or any business or industrial zoning
district shall require site plan approval by the City Council aceording to
the procedure de�ned in CE�apter 1355.04.
Subd. 6 Plan_ _n_ed Unit Development (PUD).
A. Two__ or Three Sta�e Process_ The PUD application and review
procedure involves a Concept Plan (optionat), a Master Plan �geStage,
and a Final Plan Stage.
S. PubIic Hearina. A public hearing is required at the Masker Plan Stabe.
The public hearing may be combined with the pt�blic hearing far a zoning
district chan�e if a zoning district change is required and for a preliminary
plat if a preliminary plat of the AUD property is proposed.
C. Action to Approve. Four affirmative vates of the City Co�ncil are�
'� �{ ���+n ��*"� �•"''������' �ry required for approval of the Master Plan.
Section 1355 — Adrriinistration and Procedures
Adopted: NoverE-iber 13, 2flD6
Page 8 0� l 4
City vf Arden Hills Chapter 13 Zoaing Code
D. Effect of Concept Plan Re�iew. The appIicant for a PUD Coneept
PIan2 which has been reviewed by the C�.ty �ei�Council, .has no
limitation on the period of tirne in wi�ich to agply for Master Plan
approval.
E. Effect of PUD Master Plan Appraval. The applicant far a PUD Master
Pia� which has been approved by the Ci�y1 _Cauncil shall apply for a PUD
F�r�al Plan or tt�e first stage of the Master Plan within six {6) months,
uniess some other p�asing plan has been approved by the Cit Councii or
un}ess a written request far a tir�e extension has been appro�ed by the
City Council in advance oft�e expiration date.
F. Final P3an. The applieant sha}I subrnit a Final Plan for aIl elements of
the Master Plan that are to be developed i�nrninently. A PUD Final P1an
shall be submitted for each stage of deveIopmenticonstruction. Three
affr�native votes of the City Counci� are required to a�prove a Final Plan
PUD.
G. Final Plan Proced�re. The Site Plan Review process in Appendix A,
Frocedure Ma�ual, and the Site Plan Review procedure in Chapter
1355_Q4 Subd 5 shall be followed.
Subd. 7 Interim Use Permits.
A. Purpose and Intent. The gurpose and intent of allov��ing interim uses
is:
l. To allow a use that is presently acceptable, but t�at with
anticipated developinent or redeve3opment, will not be acceptable in
the future or will be replaced by a pern�i�ted or conditional use a3lowed
within the respective zoning district.
2. To allow a use which is reflec�ive of anticipated long range change
to an area and which is in campliance with the Comprehensive Pian
provided t�at said use main#ains harmony anci co�npatibility with
surroundin� uses a�d is in keeping with ihe architectural claaracter and
design standards ofexistin� �ses and cieveloprt�ent.
B. F'�ablic Hearin�. A public hearing is required.
C. Ac�ion to Approve. Three affirmative votes of ihe C3tv Council are
re uired to a rove an interim use ermit
t�.Te-�e�-i-t—�e�es�e�e�e-�€ �#�z-�t'�-��� and the Citv
Co�ncil rr�ust include a determinatio� that ihe facts and circumstances of
the particular case warrant �ranting the permit.
Seciion Li55 — Administration and Frocedtares
Adopted: November l3; 2QOb
Aage 9 of ] 4
City ofArden Hi]ls Chapter i3 Zoning Codc
D. Per�ni# E�aluation. When reviewing the interim use permit
app�ication, the Citv Counci! slaall consider the factua� findings, ability to
meet the specia� requirernents of the interi�n use, and the concl�sions and
recommendations of the Ptanning Commission_ An interim use permit
may be bran�ed only if the City Council finds the following:
l. The use is altowed as an interim use in the underlying zoning
distric� and conforms to the zoning regutations;
2. Permission of the �nterim use wi�l not �mpose additional costs on
the public if it is necessary for the public to take the property in the
fi�ture;
3. The use will not adverseiy impact nearby properties through
nuisance, r�oise, dust, glare, or �ansightliness, and wil� not otherwise
ad�erse{y impact the heatth, safety, and welfare afthe comrr�ur�ity;
4. The use will not adversely impact traffic and parking;
5. The use will not adverse}y impact implementation of future
ainendment to the C��ty's Comprehensive Plan;
6. The date ar event that will terminate the use is identif�ed wsth
certainty;
7. The applicant has signed a cansent agreement abreeir�g that the
applicant; owner, operator, tenant, andlor user has no entitleme�t to an
extension ofthe ]nterim Use Permit;
8. The User agrees to all conditions that the City CoUr�cil deems
appropriate for pez-mission of the Use including the requirement of
appropriate financiai surety to cover the cast of removing ihe interim
use ar�d any interim struct�ares upon expiration of the interim us�
perrn it;
9. There are no delir�quent property taxes, speciat assessments,
interest, or City utility fees due upon the subject parcel;
l0. The term o�'the interim use does not exceed �hree (3) years;
1 I. The property has not been a reeipient of a previous interim use
permit. A property that has received an i�terirn use permit f�r an
interim use listed in 1320.05, Land Use Chart, shalt not be eligib3e for
anather interim �se permit of the satne use; and,
12_ Any special requirements in Section i320 for a partic�lar ir�terim
use are met.
Sectian 1355 — Admi�iistration and Procedures
Adopted: November 1�; 2fl46
Page ] Q of � 4
City of Arden Hitls Chapter 13 Zoning Code
E. I�npasition of Conditions. In #he granting of an interim use permit, the
C�.ty Councii may impase s�ch conditions, in addition to the generai
conditions and requirements of this Cade to which every interim use
permit sha�l be subject, as it deems necessary to serve a�d protect the
health, sa�'ety, convenience and general welfare of the community.
F. Permit for Particular Site. Ar� interi�n use permit is bran#ed for a
specific use at a specifie site, not for a person or #irm.
G. Desi nated Uses. Uses for which an interim use permits are required
and the zoning dis�ricts in which they are altowed are designated in ihe
tand �ase chart as set fort� �n Section 1320 hereof No building pe�-mit
shall be issued for an interim use until after the interim use permit has
been granted by the C�CaUncil.
H. Ter�nination. An interim Use shall terminate on the occurrence of any
of the following events, whiche�er occurs �irst:
i. The date stated on the per�nit;
2. Upon viotation of conditions under v�rhieh the perrnit was issued;
3. Upon change in the City`s zoninb rebulations which renders t�►e
use nonconforming;
4. The redevelopmen� of the use and property upon whieh it is
located to a permitted ar conditional use as aliowed within the
underIy�ng zoning district; and
5. If ihe use far which the i�terim use permit has been granted has
ceased or has been discontinued for a period of ninety (90} consect�tive
days, the perm�E shall automaticaIly expire and become �o�d at the end
of such ninety-day period.
1. Sus ension and Re�ocation. The City Council rtaay suspend or revoke
an interim use perrr�it upon �nc�ing that the activities allowed under the
permit adversely affect the public health; safety, or welfare in ways not
anticipated during approval of the perrnit. A suspension or re�acation of
an interim use permit shall be preceded by written natice to the permittee
and a hearing. The notice shall provide at 6east ten (l0} days notice ofthe
ti�ne and place of the hearing and shall state the nature af the violation(s}.
The notice shall be rnailed to the permittee at the most recent address
listed or� the application_
Sectian 1355 — Administration an� Procedures
Adopted: November I3; 2006
Page ] ] of 14
City Qf Arden Hills Chapter 13 Zoning Code
1355.05 City Action on Applieations for Com�rehensive Plan Amendments. Zo�ing Code
Amendments, Rezoning, Canditio�al and Interim Use Permits, Planned Unit Devetoptnents, Site
plan Reviews, and Variances. ,
Subd. I Findin� of Complete Applicat�on. The Zoning. Administrator shal� find
the app�ication complete or incomplete within �fteen (� 5) business days from the date
the a]ication is made. If the a lieation is found to be incom lete the
administrator shall notifv the applicar�ts irr writin� and state what information is
missin .]f the a lication is found to be com lete the date of submittal shal] mark
the 3�e innin of the re�iew deac�line.
��Subd. 2 Action b the Ci Co�ancil. Within sixty (60} days fol�owing the
date of submittal of a com lete a lication�':� ...., �^�*"� ��mm -�'� ^� the
��� VA Lfl4 UVJIl]J1Fc �
Citv Council shall aet upon the app�ication. The Cit Couneil ma extend tI�e sixt
�60�y__review timeline by an additional sixt.��) days upon provi�in� written
not�fication to the applicant statin� tY�e reasons for the extension. The City Cauncil,
may onIy upon written request by the appticant, extend its tirne far consideration and
action be ond one hundred twent 120 �a s. Nothin�, i� this paragraph shall
prohibit the City Council frorn holding additional hearings as Et deems necessary
within the ��re�iew periad
�;-�F. In considering appiicatians for Comprehensive Pia�...arnendr�ents,
Zoning Code a�nendments, rezoning, conditional and interim s�—�use pern�its,
planned unit cievelopmenis, site pian reviews and �ariances, tI�e CitY Council sha�I
consider the advice and recommendatians of the Plannin� Co�nmission and may grant
the rec�uest if it determines that the action is permissib�e in accordance witn the
applicable standards. Req�aests may be denied by tnotion of the C,_..it�Council, and
such motion shali constitute a finding and determination that the conditions required
for appro�al do not exist.
�S�bd.3 Optiona[ Actio�ts. Citv CounciI act�or� may include appro�ai in
whole or in part, denial in whole ar in part, tabIing far a spec�fied period of tir�e, or
referral back ta the Plannin� Commission for its further consideratior� and report to
the Citv Counci! within a specified tirne period-_
t�� d�e-�e�-s�+c�i--�e€e��#. The applicant sha�l be natifed in writing of the C�ty
Couneil's action.
��ubd. 4 Denial of Appli,cation. In the e�ent the C�.ty Cauncil denies in
whole ar in part the application, it shail furnish the applicant with a written document
advising him afthe denial and specifying the fact�al basis and reasaninb upon which
the denial was predicated. The applicatian may be denzed far reasons relating to
public health, �"�safetv, and ge�eral welfare or because of ineompati�ility between
the proposed use and the City's ComprehensEve Plan.
�4Subd. 5 Resubmission o� Denied Application. No ���"^�*�^^ «�'��^'� "^^
a licatian. which has been c�enied wholl or in art
shall be resubmitted for a period of six (6} months fram the date of said order of
denial.
Section li55 — Administration and Procedures
Adopted: November l.i, 2006
Page 12 of ] 4
City of Arden Hills Chapter l3 Zoning Cade
1355.06 Conditians for Approval of Conditionai Use Pertnits, Planned Unit Developments,
I Site Plans, and Variances. ,
Subd. l Comrnencement and Concl�sion of Work. It is contemplated tha� a�y work
involved or required by an approved application wil] be commenced within one (I}
year after such approval and ��c�econclude withtn one year of the issuance of a
building pern�it or commencement af work if a building permit was not required.
This requirernent is not intended to li�nit the authority of t�e C�'tv Counc3� with
respect to in�position of other or different time limitations if deemed proper in the
particular case.
Subd. 2 Inspection. It shalI be the responsibili�y of the administrator to check on
these time lirnitations or any other �imitatiar�s cantained an the approval and advise
the Citv CaunciE af any breach thereof. BreacI� af t�e limitations, whether contained
herein or s}�ecifca�ly contained in the action itself, shall be gro�nds for canceling the
approval.
Subd.3 Ex ��:ration. Approval shall automatically expire and become void one {I)
year from and after the date on whictt the Citv Council gra�ted s�cI� approval if t�e
building perr�it or other approved imp�•o�e�nents have not been iss�ed a permit by the
building inspector. The City Cauncil may exter�d the expiration c�ate ofsuch appro�al
upon written application by the person to whom the appro�al was granted. If i[�e use
f'or which arzy conditiona� or interim use permit has been granted has ceased or has
been discontinued for a period of r�inety (90} consecutive days; the permit shalI
automatically expire and becorr�e void at the end of suc�i ninety (90}--day period
unIess reinstated by the Citv Councfl.
S�bd. � Amendments of Site Plans, Condit'ronaI Use Pe�its. Interim Use Perr�it, or
Planned Unit De�elopments. An app{ication for arr�e�dment shalt be admin�s�ered in
the same �nanner as required for a new application. Such applications shall include
re-applications for permits that have been denied, revoked, or have expired; renewal
or cemporary pern�its; requests for changes in conditions; and s�ch other i�stances as
are providec� in this Code. Any structural alteration, enlargement or intensifica#ion
change in site plan, or simiiar change not speeial�y perjnitted, shafl req�ire Ciky
Council action and a11 procedures shaIl apply as if a new application were beir�g
requested; provided, however, that when such changes are deemed to be insig�ificant
by the zoning administrator, the requirements of a pubiic hearing may be wai�ed.
S�ebd. 5 Periadic Review. A periodic review of the per�nit and its conditions sha}l be
maintained. A violation of any condition set forih in the per�nit shall be a violation af
this Code, and shall be cause �or revocatton of the permit. In the e�ent tha# tk►e
Zonin� Adm�nistrator �•�^�' �� ��nreco�n�nends to Ci�Counci3 or revake a
permit, the Citv Counci� shall cause written not�ce thereof to be �i�en to the occupier,
and owner shall have an oppartunity to be heard, but no� further notice need be gi�en_
Section t355 — Admiiiistration and Procedures
Adopted: November 13, 2006
Page l � of 14
City of Arden Hills Chapter 13 Zoning Code
Subd. 6 Admirtistrative Records. The zoning ad�ninistrator shalI maintain a record
of all appro�ed; stamped and dated p}ans and pern�its issued, including informatian
on the use, locatian, conditions imposed, time Iimits, review dates, and such bther
information as r�ay be appropriate. Alans shall be signed by the C. itv Counci� Liaison
ta the P}anning Corn�nission and the Planning Comrnission Chairman. It shall be t�te
respo�sibi}iry of the adrninistrator to piace on the Planning Commissian agenda and
notify the C�Council of any expiring time limii, prior ta expira�ion andlor �iolation
af any approved applications.
I 1355.07 Appeals to Administrative Decisions. b,�.,;��,r ��Y;! �Q �nnq
_ ,
Subd. 1 Appea�s. The Planning Cammissian shall hear atty appeals where it is
aileged that there is an error in any order, requirer�ents, decisian or deter�ninatior�
made by an administrative officer in tl�e interpretation, appiicatian, and/or
enforcement of this Code and shall report its findings and recommendatians to the
City Council far action_
Se�bd.2 Effect af Dete�ninations. The findings and determinations made by the
Planning Commission shall be advisary o�ly and shall have no binding effect. The
Ci�Council shall take such actian on the findings and recommendations of the
Planning ��Comtnission, as it deems proper i� the circumstances.
ap«� �4, zoas
Page 14 of 14
Attachment
Ordinance 2011--008 and Publicat�on
Summary
�
-�r��
June 27; 20l 1, Ciry Council Meeting
oxa�na�,�� zai�-oos
STATE QF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HYLLS
ORDINANCE 201 l -008
AN ORDINANCE AMENDING SECTION 1355 AND OMITTING SECTION 1325.03
SUBD. 3.0 OF THE ZQNING CODE
The Arden Hills Ciry Co�ancil hereby ordains that Chapier 13, Section 1325.03 SUbd. 3.0 of the
City Code shall be omitted in its entirety, and Section 1355 shall be hereby artzended as follows:
Seetion 1355 - Administration and Procedures (Revised .lu»e 7, 2011)
1355.01 Procedure for Aublic Hearings.
Subd. l Actions Re �ririn Public Hearinas. The fo[lowing land use appl'rcations
require that a public hearing be held prior to action by the City Council:
A. Amendments to the Zoning Code regu�atians;
B. Rezoni�g of land from one district to another;
C. Conditional Us� Permits for Conditiona� Principal or Conditional
Accessory Uses;
D. Planned Unit Developme�ts;
E. Compreher�sive Plan Amenciments;
F. Interim Use Permits.
Subd.2 Actions Not Re �airina Public Hearinos_ The following land use
applications do nat require a public hearin� un3ess the Zanin� Administrator
deterinines ihat adjoining property owners or other residents should be advised of a
specifc proposal:
�1. Variances
B. Site Plan Reviews
Subd. 3 Notice ofAublic Hearin6.
Page 9 of 13
o�a�����e Zo�i-aas
A. Published Not�ce. A notice of t�e time, place, and pc�rpose of Public
Hearing shal� be published in the Officiat newspaper ac teast ten (I O) days
prior to tI�e day of the Hearing.
B. Mailed Notice. Rezaning of land; Conditional Use Perrriits, Interim
Use Permits, and Planned Unit Develapments, shall also require mailed
i�otice, at �east ten (IO) days before the day of hearing, to each owner of
property situated whol�y or partiai3y witI�in ihree hundred fifty (350} feet
of the boundary of the Property on wh�eh the application requiring the
Public 1-�earin� is situateci. The City Cou�cil shalI be responsible for
mailing the notiees to the landowners.
C. Referral to Others. The administrator shail also refer copies of the
applicatian and required documentation in support thereof to ather City
offcials who ha�e an interest therein in accordanee with the z-equired
administrative distribution schedule.
D_ Record of Notice. A copy of the notice and a list of the names and
adci�esses to which the notice was sent shall be a�tested to by the
administrator and shall be made a part of the records of the proceedings.
Failure af Written Natice. The failure to �ive �nailed notice to individual
property owners shall not invalidate the proceeding, pravided a bona fide
attempt has been made to comply with the notice requirements.
Subd. 4 Public Hearing bv Plannin€� Corr�mission. The public hearing shal] be heid
befare the Planning Commission. The appiicant ar its representative shalI be given
the opportunity to appear before the P�anning Cornmissian to a�►swer questions or
�ive explanations regarding tI�e proposaL The Planning Cor��nission may adjourn the
public hearinb to �ts next meetinb, either re�u9ar or special, and rr�ay continue its
study anci consideration of the application at meetings subsequent to the meeting at
which the public hearing was initially held. Upon completion of the public hearing
and its siudy and eonsideration of the applicatio�, the Planning Comrnission shafi
submit its written report, cqntaining its findings, concl�sians, and recomrnendations
as to the applicatio�, to the City Council.
Subd. 5 Additior�al_ _Hearin�s _ by City Council. The City Council may hold
additional hearings Failure to receive a re�ort �rom the Alanning Commission, as
herein provicEed, shall not invalidate the proceedings or actions of the City Council.
Subd.6 Aetion b,y City Council. The City Councii must take action on the
application in accordance witk� Section 1355.05 of this Code. City Councif action
may include approval, denial, or reFerral back to the Planning Commission. CFry
Council action may incIUde approva] in whoie or in par�, tabling for a specif ed period
of time, or referral back to ihe Planning Commissian for its further cansideration and
report to the Council within a specif�ed period of time not ta exceed the timel�ne
Pege 2 nf 13
Orc�iRance 2011-008
contained in Minnesota Statutes �15.99. The applicant shall be notified in writing of
t�e City Council`s action.
1355.02 Procedure for Actions Not Re uirin Public Hearin s. Requests for Variances anci
Site Plan Reviews do not req�ire a public hearing, but the Zoning Adr�inistrator may determir�e
that adjoining property owners should be invited ta the Planning Cammission meeting to offer
responses to the application; prior to action by the City.
Subd. 1 Placin Re uest on PlanninQ Cornmission A enda. The Zoni�g
Administrator shall place the request on the Planning Commission Agenda.
Subd.2 Referral to Others. The Zoning Administrator shall also refer capies of
tt�e application and req�ired documentation in support thereof to other City officials
who have an interest therein in accardance wifh the required ad�ninistrative
distribution schedule.
Subd. 3 Plannin� Comrnission Consideration. The applicant or its representative
shal� be give� the opportunity to appear before the AIanning Commission to answer
questions or bi�e exp�anations regarding the proposal. The Pianning Commission
rr�ay adjourn the discussian to its next tr�eeti�g, either regular or special, and may
continue its study and consideration of the application at meetings subsequent to the
rt�eeting ai which the �nitial c�iscussion occurred. Upon comple#ian of its study and
consideration of the application, the Pianninb C�rnmission shal� submit its written
report, containing its fnding; conclusior�s, and recommendations to the City Council_
Su�d. 4 City Council Consideratian. The City Council shal� consider the adr+ice
and recommendatians of the Pianning Commission and may ap�rove the applicatio�
if it determines that the appIication cornplies with the city standards. Applications
may be denied hy action af tI�e City CoUncil, and such action si�alI constitute a
finding and determination that the conditions required for appraval do not exist.
Subd.S Action by City Councii. The City Council �nt�st take action on the
application in accordance with Section 1355_OS of ihis Code. City Coune�l action
may include approval, denial, or referrai back to the Planning Cor�mission.
I355.03 Application Requirements for AlI Land Use Procedures.
Su6d. 1 A�plication. The completed land use app3ication shal� be submitted to the
Zoning Admir�istrator.
Subd. 2 Doc�inentatian. Forms deseribing the req�ired documentation for each
]and use a�plication required herein are included as AppencEix A, Pracedure Manual
and are a�aiiable from tne Zor�ing Ad�►inistrator.
Subd. 3 Action by City Council. The City Council shal� re�iew all land use
applications ir� accordance with Section 3 355.45 of this Code.
Page 3 of t3
Ordinance 20I1-00$
13SS.04 Procedural Kequirements for Specific Applieations.
Subd. � Zoning C�de Amendment.
A. Aublic �Iearin�. A pub�ic hearing rs required before action 6y the City
Council.
B. Action to A,pprove. Three affrmati�e votes of the City Council are
required for action to amend the text of the Zo�ing Code. ln the event an
application for amendment is approved, an appropriate amending
ordinance shall be executed and published.
Subd. 2 Rezonin�s/Compre�ensive Pfan.
�. Consistency with Comprehensi�e Plan. Ii a proposed rezaninb is not
consistent with the Arden Hills Cor►-�prehensive Pian, the applicant shall
apply for a Comprehensive PIan Amendment concurrently with #he
application for rezoning. Written and graphic doc��nentation shall be
provided by the applicant, showing why the proposed amendment is
superior to the ex3sting Plan and changes that �ave occurred that rr�ake the
Amendment appropriate.
B. Public Hearin�. A publie hearing is reqUireci for a Comprehensive
Plan Amendment and for the rezoning_
C. Action to Approve. Three affiz-�naiive �otes of ihe City Council are
reguired to rezone property from one district to another, provided that the
rezoning of property fram residential �se to an industrial use shall require
approval by four af�rmat3ve votes of the City Cauncii. Comprehensive
Alan Amendments sha11 req�ire four af�r�native votes of the City Council.
ln the e�ent an appIicatian far a rezoning is approved, an apprapriate
amendin� ordinance shalI be executed and pu6lished. Rezoning
amendrnents sha9I describe the property rezoned by its lega] descrip�ia�,
and shall be indicated on the official �aning rnap, but it shal� not be
necessary to re-publish said zoninb map to effectuate the rezoning
amendment.
D. Business and Industrial D�strict Rezonin _ Before any r�ew area is
rezoned to a business or industrial classi�cation, the property m�st be
located adjacent to an arteria� or col}ector road as shown on the
Corr�prehensive Deve�opmer�t Alan, or the rezonir�g will be an ex.tension of
an existing business or i�dustrial district and in conformance with the
intent of the Comprehensive Plan.
Subd. 3 Conditional Use Perm
Page 4 of t3
Ordinance 20�1-00$
E. Public Hearin�. A public hearing is required.
F. Action to A rave_ Three affirnaative �otes af the City council are
required to approve a conditional �se permit and the action af the City
Council must include a deter�nination that the iacts and circumsiances of
the particular case war�-ant the granting of the pe�-mit. Th� Council shall
consider the factuaI fndings, co�ac3usians and recommendations of the
PEanning Commissian, as contained in its repart, and both shall consider
the effect of the praposed use upon the health, safety, convenience and
general welfare of the owners and oceupants of surraunding �ar�ci, in
particutar, and the commun�ty as a whoJe, ir� general, inct�ding but not
limited to the following factors: existing and anticipated traffic and
parking conditions; noise, glare, adors, vibratian, smoke, dust, air
pollution, �eat, liquid or solid waste, and other nuisance characieristics;
drainage; popuIation density; visual and land use cam�atibi�ity with uses
and structures on surrounding land; adjoining land valUes; park
dedications where applicable, and �he orderly development of the
neighharhood and the c�ty within the generat p�rpose and intent of this
Zoning Code and the Corz�prehensi�e P1an for the City_
G. Imposition of Conditions. ln the grant�ng of a conditional use permit,
the City Council may impose such conditions, in addition ta the �eneral
conditions and reyuirements of this Code to which eveiy conditional use
permii shaIl be subject, as it deems necessary ta serve a►�d protect the
�ealth, safety, con�enience and beneral weifare of the co�nmunity. Such
conc�itions may include, a�nong other things, a time limit within which the
conditionai use ar a portian thereof, or improvements in connection
therewith are to be estabiished, co�structed, completed or commenced,
and a req�irement that the person or firm to whom the conditional use
pe�-mit has been granted deposit with the City either cash or a performance
bond in a surn equal ta one hundred twenty five (�25%) percent of the
estirx�ated cost, as determined by the Ciry Engineer, of impro�ements #o be
eonstructed in accordance with the permit to insure completian thereof
withi� the time iimit speci�ed in the permit. The conditions so ir�posed
by the City Council shal� be specifically stated in the pe�-mit and maybe
subject to period�c review as cietermined by the City Council. The
vioiation of any special or �eneral condition set forth in a conditional use
pe�-mit sha�l constitute a violation o�this Code.
N. Permit for Particular Site. A conditional use permit is gramed for a
specifc use at a specific site, not for a person or firm.
I. Desi�nated Uses. Uses for which cflnditiona� use permits are required
and the zoning districts in whicl� they are allowed are designated in t�e
land use char� as set forth in Section 1320 hereof. No building permit
shall be issued for any use in a zoning district which requires the issuance
Page 5 af 13
Ord�nance 2011-008
of a conditionaI use permit before it can be located in the particuIar
district, until after �he conditionat use pertnit has been granted by the City
Council.
.�. Discontinuance of a Canditional Use. If ihe use for which any
conditional use permit has been granted has ceased or has been
discantinued for a period of ninety (90) cansecutive days, the per�nit shall
autornaticatiy �xpire and become void at the end of such ninety (90) day
period.
Subd.4 Variances.
A. P�blic Nearin�. A p�blic hearing is not required but neighboring
prope�-ty awners shall be notifed.
B. Action to A�ro�e. Three affirmative votes af the City Council are
required to approve the grantin� of a variance.
C. Criteria for Review. Tf�e fotlowin� criteria shall be appliecf to the City
Council`s review of a variance applicatian:
]. Pu ose and �ntent. The �ariance request shall comply with the
purpose and intent provisions af City's Zor�ing Regulations and
with the policies of the C�ty's Comprehensive Plan.
2_ Practical Difficulties. The applicar�t far a variance shall establish
that there are praetical difficulties in connp�ying with the provisions
of the Arden HilIs Zonin� Regulations. The terrn "Praetical
Difficuities" as �ased in the granting of a variance means:
a_ Reasonable Use. The property owner proposes ta use the
property in a reasonabte manner not permitted by the Zoning
Ordinance.
b. Unique Circumstar�ces. The p�ight of property owner is due to
circt�mstances unique to the property not created by the
]andowner.
c. Character of Neighborhoocf. The variance, if granted, wil] not
alter the essentia! character of the neighbar�►ood,
3. Economic Consideration. Economic consideration alone does not
constitate a prac#ical dif�eulty.
4. Access to SunIioht. ]nadequate access to direct sunlight for solar
energy systems s�tall be considered a practical difficulty.
Page 6 oi i 3
Ordinance 201�-Op$
5_ Earth Sheltered Hausin�. Earth sheltered construction, as defined
in Minnesota Statutes §216(C).06, Subd. �4, shall be cansidered a
practical diffculty if the proper-ty is otherwise in compliance with
tl�e Arden Hills Zoning Regulations.
6. Nan Pe�itted Use. A variance shaIl not be granted if �t would
altow a use, which is not otherwise permitted in the zoninb district
where the property is located.
7. Temporary Dauble Familv. A variance �nay be granted to allow
temporary �se o�a one famity dwellinb as a two family dwelling.
D. Conditions to lnsure Compliance. The City Council may impose
conditions in granting a variance. A condition must be direcily rela#ed to
and must bear a rough proportionality to the impact created by the
uariance.
Subd. 5 Site Plan Review.
A. P�blic Hearin�. A public hearin� is not required but neighborir�g
property owners may be notified.
B. Action to A�prove. Three affirmative �otes of the City Council are
required for approval of a site plan.
C. Buildino Permit. The issuance of a permit for a new building or
si�nificant site modtfcation for a permitted or estabtished use within a
Multipte Dwelling Zoning District or any business or ind�stria] zonin�
district shall reqt�ire site plan apprQval by the City Cauncil according to
the praced�re defaned in Chapter 1355.04.
Subd. b Planned Unit Develo ment AUD .
A. Two or Three Sta�e Process. The PUD application and re�iew
procedure invo�ves a Concept PIan (optio�al), a Master Plan Stage, and a
Final Plan Stage.
B. Pubiic Hearin�. A public hearing is required at the Master Plan Sta�e.
The public hearing may be combir�ed witt� the public hearing for a zoning
district change if a zoning district change is required and for a�reliminary
pla# i�a preliminary plat of the PUD property is proposed.
C_ Actian ta Approve. Four affirmative votes of the City Council are
required for appra�al af the Master Plan.
Page 7 of 13
Ordinance 2011-008
D. E�fect of Concept_.Plan Re�iew. The applicant far a PUD Concept
Plan, whic� has been revaewed by the City Council, has �o limitatiorr on
the period of tiine ir� which to apply for Master Plan approval.
E. Effect of PUD Master Plan A rova�. The applicant for a PUD Master
Plan which has been appra�ed by the City Council sha�l apply for a PUD
Final Flan ar the first stage of the Master Plan within six (6) months,
unless so►ne other phasing plan has bee� approved by ihe City Council or
unless a written reyuest for a Eime extension has been approved by the
City Council in advance ofthe expiration date.
F. Final Plan. The applicant shall subrr�it a Final Plan fo�- ali elerr�e�ts of
the Master Plan that are ta be developed imrr�inently. A PUD Fina� Plan
shall be submftted for each stage of developme�t/construction. Three
affi�aiive votes of the City Counci� are required to ap�rove a Final Plan
PUD.
G. Final Pian Procedure. The Site Pian Review process in A�pendix A,
Procedure Manual, and the Site Plan Review proced�re in Chapter
1355.04 Subd 5 shall be followed.
Subd. 7 Interim Use Perr�-►its.
A. Purpose and lntent. The purpose and intent of altowing interim uses
is:
1. To alfow a use that is presently acceptable, but that with
anticipated developrr�ent or redeveiopment, will nat be aceeptable in
the future or wi�I be repEaced by a permittec� or conditional use allowed
within the respective zoning district_
2. To alIow a use which is reflective af anticipated long range change
to an area and which is in compiiance wit� the Comprehensi�e PIan
pravided that said �se mai�tains harmony an� compatibiliry with
surrounding uses and is in keeping with the architectural character and
design standards of existing uses and c�eveIopmer�t.
B. Public Hearina. A public hearir�g is required.
C. Action to Approve. Three affrmative votes of the City Caunci! are
requirec� to approve an interizn use permit, and the City Council must
i�clude a determination that the facts and eircumstances of the part�cular
case warrant grantEn� the permit.
D. Perrnit Evaluation. When reviewing the interim use perrr►it
application, the Ciry Couneil shall consider the factual �indings; ability to
Page 8 pf 13
Ordinance 2011-008
meet the special requirerne�ts of the interim �se, and the conelusions and
recomr�aendations oi the Planning Commission. An interim use perrnit
may be granted anly if the City Counci� finds the following:
1. The use is allowed as an interim use in the underlying zoni�g
district and confarms to the zoning reg�lations;
2. Permission af the interi�-n use will �ot impose additionai costs on
the pub�ic if it is necessary for the public to take t3�e property in the
future;
3. The use w�lt not adversely impact nearby properties thraugh
nuisance, noise, dust, glare, or unsightliness, and will not atherwise
ad�ersely impact the 3�eaIth, safety, and welfare of the cornm�nity;
4. The use wilE not adversely impact traffic and parking;
5. The use will nat ad�ersely irnpact implementation of fuE�re
ame�d�nent to the City's Comprehensive Plan;
6. The date or event that will terminate the �se is identi�ed with
certainty;
7. The applicant has sibned a consent agreement a�reein� that the
applicant, owner, operator; tenant, and/or aser has no entitlement ta an
extension ofthe Interim Use Permit;
8. Tl�e user agrees to aIl conditions that the City Council deems
appropriate far perm�ssion of the �ase including the requirement of
appropriate financial surety to cover the cost of removing the interim
use and any interim structures Upon expirat�on of the interim use
perrn it;
9. There are na delinquent property taxes, special assessments,
interest; or City utiiity fees due upon the subject parcel:
l 0. The term of the interim �se does not exceec� three (3) years;
1 l. The praperty has not been a recipient of a pre�io�s interim use
permit. A property that has received an interim use permit for an
interim use listed in 1320.05; Land Use Chart, shall nat be eligible for
another interim use permit afthe same �ase; and,
] 2. Any special requirements in Section I 320 for a particular interiin
use are met.
Page 9 �f 93
Ordinance 2011-aa8
E. Im osition of Conditions. In the grantir�g of an interi�n use permit, the
City Cauncil may irnpose st�ch conditions, in addition ta �he generai
conditior�s and requiremenis of ihis Code to which every interim use
permit shall be subject, as it deems r�ecessary ta serve and pro�ect the
health, safety, convenience and general welfare of the cammunity.
F. Fermit for Particutar Site. An interim use permit is granted for a
speci�c �se at a specific site, not for a person or �rm.
G. Desi�ted Uses. Uses for which a� interim use permits are required
and the zoning districts in whic� they are allawed are designated in the
land use chart as set forth in Section I320 hereof. No buiIding permit
sha11 be issued for an interim use t�ntil after t�e interim use permit has
been granted by the City Council.
H. Termination. An interirr3 use shall terminate on the occurrence of any
of the following events, whichever occurs first:
]. The date stated on the permit;
2. Upon �iolation of condit�ons under which the permit was issued;
3. Upon change in the City's zonin� regulations which renders the
use nonconfot-tning;
4. The rede�elopment of the use a�c� property upon which it is
focated to a permitted or conditional use as allowed within the
underlying zoning district; and
5. If the use for which the interim use permit has been granted has
ceased or has been discontinued for a period of ninety {90) consecutive
days, the permit shall automatically expire and become vaid at the end
of such nir�ety-day period.
1. Suspension anci Revocatian_ The City Couneil may suspenc� or revoke
ar� interim use permit upon finding that the activities aliowed under the
permit adversely aff'ect the pubiic heaith, safety, or welfare in ways not
antieipaied durin� approval of the permit. A suspensian or revocation of
an interim Use permit sha�l be preceded by written notice to the per�nittee
and a hearing. The notice sha}I provide at least ten (IO) days notice ofthe
time and place of the hearing and shali state the nat�re of the violation(s).
The notice sI�all be mailed to the permittee at the most recent address
listed an the application.
Page i0 of 13
Ordinance 20l 1-008
1355.05 City Action an Applicatians for Comprehensive Plan Ame�adtnents, Zoning Code
Amendments, Rezoning, Conditional and Interim Use Permits, Planned Unit Develapments, Site
Plan Reviews, and Variances.
Subd. 1 Findin� of Complete fl,pplication. The Zonin�; Administratar shall find
the app�ication eomp]ete or incompiete within fifteen (IS) business days from the date
the application is rnade. If the app�icatio� is founc� to be incomplete, the
acfministrator shatl �otify the applicants in writing and state what information is
rnissing. If the application is found to be corr�plete, the date o� submittal sha11 mark
the beginning of the review deadIine.
Subd.2 Action bv ihe City Council. Wfthin sixty {60) days following the date of
subrr�ittaI of a complete application, the City Council shall act upon the application.
The City Council may extend the sixty (60) day review timeline by a� addztional sixty
(b0) days upon providing written notification to the applicant siating the reasons for
the extension. The City Council, �nay only upon written request by the applicant,
extend its time for consideration and action beyond one hundred twenty (I2Q) cfays.
Nothing ir� this parabraph shal� prahib�t the C�ty Council from hotding additional
hearings as ii deems necessary within the review period. In considering appl�cations
for Corrtprehensive P�an amendments, Zoning Code amenc��nents, rezoning,
conditiona] and interim use pennEts, plan�ed unit developments, site plan reviews and
varia�ces, the Ciiy Counci[ sha�l consider the ad�ice and recommendations ai tE�e
Planning Commission and �nay brant the request if it determines that the actian is
percnissible in accordance with the applicahle standards. Reqaests may be denied by
rnotion of the City Council, and 5i1C}] motion sha�l constitute a finding and
determinatio� that the conditions required for appraval do not exist.
Se�bd. 3 Qptional Actions. Ctty Councii action may include approval iza whole or in
part, denial in whole or in part; tabling for a specified period oftitne, or referral back
to the Planning Co�nmission �or its further consic�eration and report to the City
Council within a speci�ed tirr�e period. The applicant shali be noti�ed in writi�ag of
the City Council's act�on.
Subd. 4 Deniai of AppEication. 1�� the event the City Cor�nci} denies in whale or in
part the ap�licatian, it s�alE furnish the applicant with a written document advising
him of the denial and specify�ng the factual basis and reasoning upon whieh the
denial was predicated. The application may be denied for reasons relating to public
health, safety, and general welfare or because of incompatibi}ity hetween the
proposed use and tl�e City`s Comprehensive P]an.
Subd.S Resubmission oi Denied A lication. No applicatior�, which has been
denied wholly or in part, shall be resubmitted for a period of six (6) �nonths from the
date of said order of denial.
1355.d6 Conditions for A�•oval of Conditional Use Permits Planned Unit De�elo ments
Site Plans. and Variances.
Page 11 of 13
Ordinance 2011-OQ8
Subd. I Commencement and Conclusion of Wark. It is contemplated that any work
in�olved or re�uired by an approved application will be commenced within o�e (I)
year after such appro�al and conclude within one year of the iss�ance af a buiiding
permit or cammencement of work if a buildir�g perrr�it was not requirec3. This
require�neni is nat intended to limit the autharity of the City Council with respect to
imposition of other or different time limitations if deemed proper in the particular
case.
Subd. 2 Ins�ection. lt shalt be the responsibility of the administrator to check on
these time �imitations or any other Iitnitations contained in the approval and advise
the City Council of any breach thereaf. Breach of the lifnitations, whether contained
herein or specifically contained in ihe action itsetf, shal] be grounds for canceling the
approval.
Subd.3 �xpiration. Approval shal� automaticaIly expire and become void one (l}
year from and after the date on which the City Council granted such appz-oval if the
buildrng permit or other approved improvements have not been issued a permit by the
bui�ding inspector. The City Counci� rnay extend the expiration date of such approval
upon written application by the person to w�om t�e approval was granted. If the use
for which any conc�itional or interim use permit has been granted has ceased or has
been discontinueci for a period of ninety (90} consecutive days, the permit shal�
automatically expire and become void at the end of such ninety {90}day period unless
reinstated by the City Cot�ncil.
Subd. 4 Amendments of Site Plans, Conditianal Use Pertnits. Interim Use Permit. or
F']anned Unit Developments. An appl�cation for amendment shall be adrninistered in
the same manner as required fQr a r�ew application_ Such app�ications shall include
re-applieations for per�nits that have been cienied, revoked, or have expired; renewai
or temporary perrr�iis; requests for changes in eonditians; and such other instances as
are provided in this Code. Any structural aIteration, enIargement or intensifcation
change in site plan, or similar chan�e not specially permitted, shall require City
Counc�l action and ali procedures shall apply as if a new applieation were being
requested; pro��ded, hawe�er, that when s�ch char�ges are deemed to be insigni�cant
by the zoning administrator, the requirements of a public hearing rnay be waived.
5ubd. 5 Periodic Review. A periodic review of �he permit and its conditions shall he
maintair�ed. A violation of any condition set forth in the perrrzit shalE be a violation of
this Code, and shall be cause for revocation of the permit. In the event that the
Zoning Administrator reco�n�nends to City Council or re�oke a permit, the City
Councii shall cause written notice thereof to be given to the occupier; and owner shall
have an opportunity to be heard, but no further notice need be gi�en.
Subd. 6 Administrative Records. The zoni�g administrator shall maintair� a record
of all appro�ed, stamped and dated plans and per�nits issued; includin� information
on the use, location; conditions i�posed, time limits, re�iew dates, and such othe�-
Page 12 af 13
Ordinance 2�11-008
infarmation as may be appropriate. Plans shatl be signed by the City Cauncil Liaison
to the Planning Commission and the Plan�ing Commission Chairman. It shall be the
responsibiIity of the administrator #o place on the Planning Cotnmission agen�a and
r�otify the City Council of any expiring time limit, prior to expiration and/or violation
of any approved applications.
1355.D7 Appeals ta Administrative Decisions.
Subd. 1 Appeals_ The Alanning Commissian shall hear a�y appeals where it is
alleged that there is an error in any order, requirements, decision or determination
made by an adrninistrative officer �n the interpretation, application, and/or
enforcement of this Code and shalI report its findings and recommendations ta the
City Council for action.
Suhd. 2 Effeet of Dete►-rninations. The findings and deterFninations made by the
P�annin� Commission shall be advisory only and sha}l have no binding effect_ The
City Council shall take such action on the �ndings afld recomr�endatio�s af the
Plannin� Corr�mission, as it deems proper in the circ�mstances.
Effective Date. This Ordinance shall become effecti�e the day followinb its p�ablication.
Adaption Date. Passed by the City CoUnci� of the City of Arden Hills the 27'" Day of June
2011.
DAVID GRANT, MAYOR
ATTEST:
PATRICK KLAERS
CITY ADMINISTRATOR
Publication Date: .iuly 7, 241 1
Page 13 of 13
CITY OF ARDEN HILLS
CQUNTY �F RAMSEY
STATE OF MINNESQTA
SUMMARY OF ORDINANCE NO. 2011-00$
On the 27'�` day of 1une, 20l ], the Arden Hills City Couneil adapted Ordinance No.
201 l-00$, and by at least four/fifths atfirtnative vates pursuant to Mir�n. Stat. §412.191, Suhd_ 4,
directed that a su�nmary of Ordinance 20I 1-008 be published.
Chapter I 3, Sections 1325.03 Subd. 3.0 and Section I 355 of the City Code are
col}ectively knawn as Ordinance 2Ql 1-OQ8 entitled "Variance Procedures" The pur}�ose ofthe
arrfe�dments is bring ihe City's procedures for re�iewing land use applications inta conformance
with State Statutes. The amended regulations wi11 go into effect on July 7, 201 ].
A fulJ copy ofOrdinance 20I 1-008 is available for inspectian by any person during
reguiar business hours at the offce ofthe City Administrator, 1245 West Highway 9b, Arden
Nills, Minnesota 55] l2.
Attachment
May 11, 2011, Article from the League
of Minnesota Cities
�
,����.L�
June 27, 201 l, City Council Meeting
Gay. Dayton Sig�s Variance Legislation into Law
Gov. Dayton Signs Variance
Legisl�tion into Law �
The changes, whicl� are now in effect, may require some cities ta change
ordinances ar statutory cross-references.
(Published May I1, 2011)
The League and a long list oia�lies are finally able to celebrafe having a fx in
place to restare city variance authority. After a iong and contentious sessior�
working on resolving this issue, the final version o#'HF 52 was supparted by the
League and passed unanimously by the Le�islature.
O� May S, Gov. Dayton si�ned 20l � Minnesota Laws, Chapter 19, amending
Minnesota Statutes, sec#ion 462.357, subdivision 6 to rescore municipal
variance authority in response to Krur��l�renacher v_ City vfMinnetonka, 783
N.W.2d 72l (Minn. June 24, 2010}. The la�v a�so provides consistent statUtory
Ianguage between Minnesota Statutes, chapter 462 and the county �aria�ce
autharity ofMinnesota Statutes, section 39�4.27, suhdivision 7.
I� Krumrnenaeher, the Minnesota Supreme Court narrowly interpreted the
stat�tory defnition af"undue hardshi�" and heid that ihe "reasonable use" prong
of the "�andue hardship'' test is not whetY�er the proposed use is reasonable, b�t
rather whether tI�ere is a reasonabEe use in the absenee of t�e variance. The new
law changes that factor back to the "reaso�able manner'' understandin� that had
been used by some lower coarts prior to tlte K�-�n�rnenucher ruling.
The new law was effective on May 6, the day following the govez-nor's approval.
Presumably it app[ies to pendinb applications, as the �eneral rule is that cities are
to apply t�ie Iaw at the time of the decision, rather tha�l at the titne of application.
The new law renarnes the municipa� variance standard from "�andue hardship" to
"practicai diffic�lties," but otherwise retains the familiar three-factor test of (1}
reasonableness, {2) uniqueness; and (3} essentia� character. Also included is a
sentence new ta city variance auiharity that was already in the county statutes_
"Variances shall only be permitted when they are in harmony with The general
purposes and intent of the ardinance and when the terms of the variance are
co�sistent with the co�t-►prehe�si�e pian."
So in evaluating variance requests under the ne.�- law, cities should adopt
findinbs acfdressing the follawing questions:
. Is the variance in harnu�ny tivith the purposes and intent of the ordinance?
. Is the variance consistent with ihe cornp�°ehen,si}�e plan?
. Does tl�e proposal put property to use in a recrsonable n�anner?
. Are there unique rrrcurr�starrce.s to the property not created by the landowner?
. Wiil the variance, if granted, alter the esseniial charac�es� of the locality?
Some cities may have ordinance provisions that codified the o�d statutory
]anguage, or that have their own set of standards. For those ci�ies, tne question
Page 2 of 3
rz�htrnl:f�eJ/llmetro-inet.uslardenhilfslPlannin�lPlanning Cases1201 111 1-�12 - Variance Or... 5/31/20I 1
Gov. Dayton Signs Variance Legislatian into Law
may be whether you have to first atnend your zoning code be�ore processing
variances under the new standard. A credible argumer�t can be made that that the
statutory language pre-e�npts inconsistent local ordinance provisions. Under a
pre-emption theory, cities cou3d ap�fy the new law immediate}y without
necessariIy amendin� their ordinance f rst. ln any regard, it would be best
practice far cities to revisit their ordinance provisions and consider adopting
language that mirrors the new statute.
In additian, the new law c}arifies that eot�ditions may be imposed on granting of
variances ifthose conditions are directly related to and bear a rough
proportionality to the impact created by the variance.
If you have questians about how yaur city should approaeh variances under this
new statute, you should c3iscuss it wi#h your city attorney or contact Jed Burkett,
LMC land use attorney, at jbur�ett@Imc.org or {GSl ) 28]-1247, or Tom
Grundhoefer, LMC general counsel, at tgrundho@Imc.org or {651) 28l -I26b.
Read the current iss�e of the Cities Bulletin
Your LMC Resource
Contact Craig Johnson
IGR Representative
{651) 281-1259 or ($00) 925-1122
cjohnson@�mc.org
Contact Tom Grundhoe�er
General Co�nsel
{b51) 281-1266 or (800) 925-1 122
rgrundha@1�nc.org
Contac# Jed Surkett
Land Use Attorney
(651} 28]-1247 or {8fl0) 925-i 122
jburkett@Imc.org
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