lg_Ord_1413_110726_Amend Text of Zoning Code

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CITY OF ROSEVILLE ORDINANCE NO. 1413 AN ORDINANCE AMENDING SELECTED TEXT OF SECTION 1009.04(VARIANCES)OF TITLE 10"ZONING CODE"OF THE CITY CODE THE CITY OF ROSEVILLE ORDAINS: 1. SECTION 1. Purpose: The Roseville City Code is hereby amended as follows to conform to recent revisions to MN Stat.462.257, subd. 6 authorizing Cities to grant The zoning variances. proposal is consistent with the SECTION 2. Section 1009.04 is Comprehensive Plan; hereby amended as follows: 2.The proposal is in harmony with 1009.04 Variances: the purposes and intent of the zoning A. Purpose: Each zoning ordinances; classification indicates specific 3. The proposal puts the subject development standards such as properly to use in a reasonable setback and height restrictions. manner: There are occasions,however,when 4.There are uniaue circumstances the strict application of such to the DroDerty which were not standards may be inappropriate created by the landowner;and because of uniaue circumstances to the property.The variance procedure is authorized by MN Stat. 462.357, subd. 6 and is designed to permit adjustment to the zoning regulations The variance, where there are---saseiai- if granted.will not alter the essential character of the locality. practical difficulties applying to a D. Validation and Expiration: A parcel of land or building that prevent variance approval shall be validated the property from being used to the by the applicant through the extent intended by the zoning. commencement of any necessary Sfleeiel Uniaue circumstances may construction (subject to the permit include factors such as the size, requirements of Title 9 of this Code) shape, topography, vegetation, authorized by the variance within 1 wetlands, or other awigwe-fygti year of the date of the approval.A characteristics of the land.Variances variance approval shall automatically should not be granted to residential expire if the approval is not validated density standards or type of use. pursuant this section. B. Applications: The owner of Notwithstanding this time limitation, property on which a variance is the Variance Board may approve proposed shall file an application for extensions of the time allowed for approval of the variance by paying validation of the variance approval if the fee set forth in Chapter 314 of requested in writing by the applicant; this Code and submitting a extension requests shall be completed application form and submitted to the Community supporting documents as set forth on Development Department and shall the application form. Complete identify the reason(s) why the applications shall be reviewed in a extension is necessary along with an public hearing according to the anticipated timeline for-validation-of process set forth in Chapter 4912a108 the vanan C8 a pproval. of this Code.If a proposed variance SECTION 3. Effective Date: This is denied, an application for ordinance amendment to the substantially the same variance on Roseville City Code shall take effect the same property shall not be upon passage and publication. accepted within 1 year of the date of Passed this 18th day of July 2011 the denial. (Roseville Review:July 26,2011) C.Approval:The City may impose conditions in the granting of variances. A condition must be directly related to. and must bear a rough proportionality to. the impact created by the variance. In order to approve a variance request, the Variance Board shall find based on the application submitted: