2025 07-08 PC Packet - Laserfiche WebLink

Home

Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 85 2. The City Council may, on prior recommendation of the Zoning Administrator, empower the Ramsey County Sheriff in specific instances to perform any of the acts which the Zoning Administrator is directed or authorized to perform by this Section. 4. Variances. 1. Purpose and Intent. The City Council, sitting as the Board of Appeal and Adjustment, may grant Variances from the strict applications of the provisions of this Zoning Ordinance and impose conditions and safeguards in the Variances so granted. These Variances shall be considered in cases where by reason of narrowness, shallowness, or shape of a lot or where by reason of exceptional topographic or water conditions or wher e other extraordinary and exceptional conditions of such lot exist, the strict application of the terms of the Zoning Ordinance would result in practical difficulties upon the owner of such lot in complying with the regulations of the zoning district in wh ich said lot is located. “Practical difficulties,” as used in connection with the grant of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. A variance may not be granted to allow any use that is not allowed in the zoning district in which the property is located. 2. Application. An application for any Variance from the Zoning Ordinance shall be made on a form provided by the City. If the Variance is to be considered in association with any other Building Permits, Conditional or Interim Use Permits, or Subdivision, all related applications shall be submitted simultaneously with the Variance application so as to represent the full intent of the applicant. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established in the City’s fee schedule. The application(s) shall state full all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the Variance as required and communicated by the Zoning Administrator. 1. An application will be considered complete on the date the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required by law, the City shall act on the application within the period prescribed unless said required period is extended or waived. 2. When reviewing variance applications, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and 7. Consistency with the Comprehensive Plan. 3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insure preservation of health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the Variance or to retain expert testimony with the consent and at the e xpense of the applicant concerning the application. 4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application.