2011_0718_packet - Laserfiche WebLink

Home

k,14L& REQUEST FOR COUNCIL D11SCUSSION WATE: 7/18/2011 ITEM NO: Item Description.- Request by Roseville Planning Division for approval of a zoning text amendment pertaining to variances (PROJ-010,17) 1.1 The substantial updates to Roseville's Zoning Code, which were the focus of much of the Planning Commission's efforts in 20 10, were approved by the City Council on December 13, 2010 and became effective when the ordinance summary was published in the Roseville-Little Canada Review on December 21 , 20 10. At that time,, however,, the language governing how variance applications are considered and reviewed was left largely unchanged until State Statute 462.357 subd. 6 was revised in response to case law (i.e., Krummenacher v City of Minnetonka), from the Minnesota Supreme Court in the summer of 20 10. 1.2 Cities across Minnesota had been increasingly lax in the interpretation of "reasonable use" in order to approve variances required to allow all sorts of seemingly "reasonable"' residential improvements. But the Supreme Court's decision essentially reaffirmed that variances existed only as a tool to provide relief to property owners when some unique circumstances on a specific property conspire with the zoning code to effectively prohibit the any/all (C reasonable"' use of the property. As of May 5, 2011, the statute authorizing Cities to consider variances was modified to allow variances to be granted where there are "practical difficulties"' with meeting the letter of a zoning ordinance, which is more or less consistent with the way Cities had been operating for several years based on previous case law that supported such a practice. The proposed amendments are shown in bold and text in the draft ordinance,, included with this report as Attachment A. 2.0 PUBLIC COMMENT The duly-noticed public hearing for the proposed TEXT AMENDMENT was held by the Planning Commission on July 6, 2011; draft minutes of the public hearing are included with this staff report as Attachment B. No members of the public have provided comment at the public hearing or otherwise and, after closing the public hearing and discussing the proposal, the Planning Commission voted unanimously (i.e., 5-0), to recommend approval of the proposed Zoning Code TEXT AMENDMENT. 3.0 SUGGESTED ACTION Wiscuss the proposed Zoning Code TEXT AMENDMENT in preparation for considerinLP-4., adoption of an ordinance on July 25, 2011. Prepared by:,, Associate Planner Bryan Lloyd (651-7912-70,73) Attachments: A. Draft Ordinance B. Draft 7/6/20111 public hearing minutes Amd.t4—RCD-017 18 11. doc Page I of I