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HomeMy WebLinkAbout2012-06-05 P & Z Packet PLANNING AND ZONING COMMISSION teroilfe MEETING AGENDA - EstatiAtif ' TUESDAY, JUNE 5, 2012 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. APPEARANCES/PRESENTATION(S) III. PUBLIC HEARING (S) IV. PUBLIC INPUT V. OLD BUSINESS VII. NEW BUSINESS 1. Request for Variance —1709 Main Street, Mr. Paul Steffel VIII. DISCUSSION ITEMS IX. CONSIDERATION OF MINUTES 1. May 1, 2012 Planning & Zoning Meeting Minutes X. ADJOURNMENT * *REMINDERS ** Cub Scout Rocket Launch — June 2, 2012 — Laurie LaMotte Memorial Park Planning & Zoning Commission Meeting — June 5, 2012, 6:30 p.m. Council City Council Meeting — June 13, 2012, 6:30 p.m. Council Chambers & Work Session Centerville Annual Garage Sale Days — June 15 & 16, 2012 Centerville Annual Cleanup/Recycle Day — June 16, 2012 Waste Management — Rubbish & Electronics (8:00 a.m. — 4:00 p.m.) Shred -It — Paper, CDs & DVDs (8:00 a.m. — Noon) Mr. Michael Recycles Bicycles — Old bicycles (8:00 a.m. — 4:00 p.m.) St. Francis of Assisi Animal Rescue — Towels, Washcloths, Carrying Kennels, Dog & Cat Cages, etc. (8:00 a.m. — 4:00 p.m.) ALL AT LAURIE LAMOTTE MEMORIAL PARK Music in the Park — June 12, 2012 - Layton Avenue Boys; June 19, 2012 — Dirty Shorts; June 26, 2012 — Mean Gene & The Woodticks; July 10, 2012 — Seven Cats Swing; July 17, 2012 — Porch Pickers; July 24, 2012 — Maple Street Ramblers; July 27, 2012 - "THE JAM"; & July 31, 2012 — Tom Lee (All Concerts Will Take Place @ Hidden Spring Park Commencing @ 6:30 p.m.) City Council Meeting — June 27, 2012, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — July 5, 2012, 6:30 p.m. Council Chambers 1 etervitte Estab'iskerf 1857 * City Review will cease if costs APPLICATION FOR VARIANCE exceed deposit and deposit is not replenished. Date; 5/7) /7 Fee: $250.00 + $300.00 Deposit* Zoning: Applicant: * , SiC 'cra Street Address: /707 7 igt 0. Phone: C5/ 7 r 2F . 0( City /State /Zip: C Ce2 7 ` At, //G / I *� 5JZ 'S Status of Applicant: Owner Lease Holder Other Legal Description of Property: Street Address (subject property): / 2c97 R.etege, f1 C e.,, 6044 . A/7,. " Descrip 'o of Request: Ir' /` jete'z ___I ' / ,S'l�i G 1 . C '" A f/Ger ki; Reason for Request: --- 2e_ torP ,ffe-4,46(e Siff .Z-aQ i C.;‘, 4/ Variance may be considered to allow adjustment to the literal provisions of the zoning chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. "Undue hardship" means that the property cannot be put to a reasonable use if the conditions of the zoning ordinances are followed, that the property owner's particular circumstances are unique and not self - created, and that granting a variance will not alter the essential character of the locality or neighborhood. Economic hardship alone will not constitute undue hardship. Minnesota Statutes and City Code require that a variance meet all of the following standards: (1) The variance is in harmony with the purposes and intent of the zoning chapter of this code; (2) The variance is consistent with the comprehensive plan; and (3) The proposal puts the property to use in a reasonable manner; and (4) There are unique circumstances to the property not created by the landowner; and (5) The variance if granted, will not alter the essential character of the locality; and Variances will not be granted to allow a use that is otherwise not a permitted use in the zoning district in which the subject property is located. �' *By paying the above stated ee, I understand ' . .1 7 sts of processing this request even though the outcome of Council's action may be denial the reque APPLICANTS, PLEASE NOTE: All developers or property owners must submit the following information to the City of Centerville at least ten days prior to consideration by the Planning and Zoning Commission. The application will require a public hearing which will be approximately thirty days after initial review by Planning and Zoning and their decision will be considered by the City Council who makes the final determination. The process to get a decision for approval or denial will generally take 45 -60 days from filing a complete application. 1. Complete the application for the specific request and pay the fee. 2. Submit a complete survey and site plans (including measurements, dimensions), showing lot lines and building footprint, driveways, sidewalks, curb cuts, ingress, egress, etc. on the property and its relation to adjacent properties. 3. Explanation of materials that will be used and plans for screening, landscaping, fencing and dumpster enclosures. 4. Drawings of completed buildings, if appropriate to the variance, and materials used. 5. Storm water retention and drainage plans if applicable. The Rice Creek Watershed District and/or other water management organizations may need to be notified of the project. 6. A letter explaining in detail how variance request meets all of the five standards listed above. Application For Variance - Supplement I am requesting a variance for my property at 1709 Main Street, Centerville, MN due to the Practical Difficulties that exist with this lot. I would like to demonstrate to you that my situation meets the three test factor as required by Minnesota State Statute. 1) As the property owner, I propose that I will be using the property in a reasonable manner. It will be for an office building. 2) My specific problem is due to circumstances unique to the property that I own. The situation was not caused by the landowner. • The lot size is too small to accommodate a 2 story, 4000 square foot building. There is not enough room to factor in other things, such as room for snow piles and room for garbage receptacles. • The building would not comply with the parking requirements for the occupancy of the building. • In order to maximize the parking area and to accommodate a construction set back on the east and west sides of the property, and to accommodate the overall look of the building as required by the downtown design, we will have building design that lacks efficiency. 3) If a variance is granted, it will not alter the essential character of the location. 00 LEAGUE of CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES VARIANCES Frequently Asked Questions (Reflects 201 I law change) What is a variance? A variance is a way that a city may allow an exception to part of a zoning ordinance. It is a permitted departure from strict enforcement of the ordinance as applied to a particular piece of property. A variance is generally for a dimensional standard (such as setbacks or height limits). A variance allows the landowner to break a dimensional zoning rule that would otherwise apply. Who grants a variance? Minnesota law provides that requests for variances are heard by a body called the board of adjustment and appeals; in many smaller communities, the planning commission or even the city council may serve that function. A variance decision is generally appealable to the city council. For more information, see Minn. Stat. § 462.357. When can a variance be granted? A variance may be granted if enforcement of a zoning ordinance provision as applied to a particular piece of property would cause the landowner "practical difficulties." For the variance to be granted, the applicant must satisfy the statutory three - factor test for practical difficulties. 11 the applicant does not meet all three factors of the statutory test, then a variance should not be gr :Ili "'!. Also, variances are only permitted when they are in harmony with the general purposes an' of the ordinance, and when the terms of the variance are consistent with the comprehensive ;*.... For more information, see Minn. Stat. § 462.357. What kind of authority is the city exercising? A city exercises so- called "quasi-judicial" authority when considering a variance application. This means that the city's role is limited to applying the legal standard of practical difficulties to the facts presented by the application. The city acts like a judge in evaluating the facts against the legal standard. If the applicant meets the standard, then the variance may be granted. In contrast, when the city writes the rules in zoning ordinance, the city is exercising "legislative" authority and has much broader discretion. What is practical difficulties? Practical difficulties is a legal standard set forth in law that cities must apply the when considering applications for variances. It is a three - factor test and applies to all requests for variances "+ o constitute practical difficulties, all three factors of the test must be satisfied. For more intor:i::,tion. see Minn. Stat. $ 462.357. This material Is provided as general Information and Is not a substitute for legal advice. Consutt your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES t4S UNIVERSITY AVE WEST rl1ONF: (651) 281 -1200 FAx: (651) 281 -1298 INSURANCE TRUST ST. PAUL. MN 55103 -2044 TOlI FREE: (800) 925 -1122 WFP: WWW.IMGORG What are the practical difficulties factors? The first factor is that the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. For example, if the variance application is for a building too close to a lot line, or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable. The second factor is that the landowner's problem is due to circumstances unique to the property not caused by the landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land, and not personal characteristics or preferences of the landowner. When considering the variance for a building to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees. The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. For example, when thinking about the variance for an encroachment into a setback, the focus is how the particular building will look closer to a lot line and if that fits in with the character of the area. Are there are other factors a city should consider? Yes. State statute provides variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance, and when the terms of the variance are consistent with the comprehensive plan. So, in addition to the three- factor practical difficulties test, a city evaluating a variance application should make findings as to (I) whether or not the variance is in harmony with the purposes and intent of the ordinance, and (2) whether or not the variance is consistent with the comprehensive plan. What about economic considerations? Sometimes landowners insist that they deserve a variance because they have already incurred substantial costs or argue they will not receive expected revenue without the variance. State statute specifically notes that economic considerations alone cannot create practical difficulties. Rather, practical difficulties exists only when the three statutory factors are met. What about undue hardship? "Undue hardship" was the name of the three - factor test prior to a May 2011 change of law. Effective May 6, 2011 Minnesota Laws. Chapter 19, amended Minn. Stat. § 462.357, subd. 6 to restore municipal variance authority in response to Krummenacher v. City of Minnetonka, 783 N.W.2d 721 (Minn. June 24, 2010). In Krummenacher, the Minnesota Supreme Court interi pre. the statutory definition of "undue hardship" and held that the "reasonable use" prong of the ' u. test was not whether the proposed use is reasonable, but rather whether there is a reasonable use in the absence of the variance. 2 What did the 2011 law change? The 2011 law changed the first factor back to the "reasonable manner" understanding that had been used by some lower courts prior to the Krummenacher ruling. The 201 1 law renamed the municipal variance standard from "undue hardship" to "practical difficulties," but otherwise retained the familiar three - factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. The 2011 law also provides that: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan." Can a city grant a use variance? Sometimes a landowner will seek a variance to allow a particular use of their property that would otherwise not be permissible under the zoning ordinance. Such variances are often termed "use variances" as opposed to "area variances" from dimensional standards. Use variances are not generally allowed in Minnesota —state law prohibits a city from permitting by variance any use that is not permitted under the ordinance for the zoning district where the property is located. For more information, see Minn. Stat. $ 462.357. Is a public hearing required? Minnesota statute does not clearly require a public hearing before a variance is granted or denied, but many practitioners and attorneys agree that the best practice is to hold public hearings on all variance requests. A public hearing allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. What is the role of neighborhood opinion? Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While city officials may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help the city in addressing these factors, but unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. If neighborhood opinion is a significant basis for the variance decision, the decision could be overturned by a court. What is the role of past practice? While past practice may be instructive, it cannot replace the need for analysis of all three of the practical difficulties factors for each and every variance request. In evaluating a variance request, cities are not generally bound by decisions made for prior variance requests. If a city finds that it is issuing many variances to a particular zoning standard, the city should consider the possiLilit :, of amending the ordinance to change the standard. When should a variance decision be made? A written request for a variance is subject to Minnesota's 60 -day rule and must be approved or denied within 60 days of the time it is submitted to the city. A city may extend the time period for an additional 60 days, but only if it does so in writing before expiration of the initial 60 -day period. Under the 60 -day rule, failure to approve or deny a request within the statutory time period is deemed an approval. For more information, see Minn. Stat. § 15.99. 3 How should a city document a variance decision? Whatever the decision, a city should create a record that will support it. In the case of a variance denial, the 60 -day rule requires that the reasons for the denial be put in writing. Even when the variance is approved, the city should consider a written statement explaining the decision. The written statement should explain the variance decision, address each of the three practical difficulties factors and list the relevant facts and conclusions as to each factor. Can meeting minutes adequately document a variance decision? if a variance is denied, the 60 -day rule requires a written statement of the reasons for denial be provided to the applicant within the statutory time period. While meeting minutes may document the reasons for denial, usually a separate written statement will need to be provided to the applicant in order to meet the statutory deadline. A separate written statement is advisable even for a variance approval, although meeting minutes could serve as adequate documentation, provided they include detail about the decision factors and not just a record indicating an approval motion passed. Can a city attach conditions to a variance? By law, a city may impose a condition when it grants a variance so long as the condition is directly related and bears a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed an otherwise applicable height limit, any conditions attached should presumably relate to mitigating the affect of excess height. For more information, see Minn. Stat. $ 462.357. What happens to the variance once granted? A variance once issued is a property right that "runs with the land" so it attaches to and benefits the land and is not limited to a particular landowner. A variance is typically filed with the county recorder. Even if the property is sold to another person, the variance applies. Jed Burkett 2011/06 4 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on May 1, 2012, at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Russ Koski Commissioner Thomas Wood Commissioner Matthew Montain drA po ABSENT: Commissioner Eric Larson Commissioner Olaf Lee Commissioner James Flint STAFF: Administrator Dallas Larson OTHERS PRESENT: Council Member D Love I. CALL TO ORDER. The meeting was called to order by Chairperson Mosher at 6:30 p.m.. 1. Roll Call II. PUBLIC HEARING - None III. OLD BUSINESS. Proposed amendment to City Code Section 156.030, (L) Conditional Uses in Commercial B -1 Zoning District. This issue was referred back from the Council due to a conflict with City Code, Chapter 91.06 (X), relating to storage of vehicles. Staff has prepared a draft amending ordinance to 91.06 which would remove the conflict by allowing vehicle storage in a commercial zone when covered by a conditional use permit. The Commission discussed the suggestion along with the concerns raised by the dissenting members on the change to 156.030. Consensus was to loosen the standard that was proposed in the text of the amendment to 156.030 to allow a larger are of outside storage for the business activity. Motion by Commissioner Wood that the Commission refer the proposed ordinance back to council with a change to allow two times the building area to be used for the outside storage activity, rather than 1 1 /2 as the earlier draft contained. The motion was seconded by Commissioner Montain. All voted in favor. Motion carried. Page 1 of 2 City of Centerville Planning and Zoning Commission May 1, 2012 Motion by Commissioner Wood, seconded by Commissioner Mosher to recommend approval of the proposed ordinance amending City Code section 91.06 (X). All voted in favor. Motion carried. IV. NEW BUSINESS - None V. DISCUSSION ITEMS 1) Snowmobile Regulations. Nothing new to report, discussion is still taking place between the neighboring cities. Goal is to have something back by August. VI. CONSIDERATION OF MINUTES Motion by Commissioner Montain, seconded by Commissioner Koski to approve minutes from the April 3, 2012, meeting. All voted in favor. Motion carried. VII. PLANNING AND ZONING COMMISSION MEETING ADJOURNMENT Motion by Commissioner Wood, seconded by Commissioner Koski to adjourn the meeting at 7:30 p.m. All in favor. Motion carried unanimously. Transcribed by: Dallas Larson, Administrator II Page 2 of 2