ord_1215 - Laserfiche WebLink

Home

6. A setback permit shall not reduce the principal structure side yard required setback by more than 70% or be closer than three (3) feet to a property line. 7. A setback permit shall not reduce the principal structure front or rear yard required setback by more than 20% or be closer than twenty-four (24) feet to a front or rear property line. 8. A setback permit shall not reduce the accessory structure side or rear yard required setback by more than 70% or be closer than three (3) feet to a property line. 9. A setback permit shall not reduce the setback of a driveway by more than 70% or allow a driveway to be closer than two (2) feet to a property line. As an exception, driveways existing prior to October 26, 1998, and located closer than two (2) feet to a property line may be replaced with a setback permit provided all other applicable provisions of the Section are met. 10. The Community Development Director may add conditions to a setback permit in order to mitigate the impact of the reduced setback on adjacent properties. The Development Review Committee may recommend such conditions to the Community Development Director; however, only the Community Development Director has the authority to impose such conditions. 11. A contiguous property owner(s) may appeal the Community Development Director's administrative decision regarding the granting of a setback permit by filing a written appeal to the City Council with the City Manager within ten (10) days of the action granting the setback permit. The City Council shall take up the appeal at a regular Council meeting within thirty (30) days of the appeal. (The authority to hear appeals of an administrative decision is given to the City Council acting as the City's Board of Adjustment and Appeals through Minnesota Statute §462.354) 12. If the requirements listed in this Section cannot be achieved by the applicant, the variance procedure (Section 1013.02) shall apply. All encroachments greater than those described in this Section shall adhere to the variance procedure and shall have a demonstrated physical hardship as defined by State Statute. 13. Properties granted setback permits under this Section shall not be allowed further encroachments into the reduced setback area as allowed under subsection 1012.02B. Section 1014.03. Fees. To defray administrative cost of processing applications for rezoning, variances, conditional use permits, setback permits, vacations of streets or alleys or building relocation, a fee shall be paid by the applicant in an amount set by the City Council and kept on file in the City Manager's office. Fees shall be payable at the time applications are filed with the City Manager and are not refundable unless application is withdrawn prior to referral to the Planning Commission. Ordinance 1215 - Page 3 of 4