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2007_0319_Packet
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2007_0319_Packet
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Roseville City Council
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Council Agenda/Packets
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March 5,2007 <br />Page 2 <br />The proposed amendments deal with appeals of a Variance Board's decisions, the <br />manner in which appeals are heard by the City Council, and timing for all of the same. As <br />some of you may recall, the provisions establishing the Variance Board and the appeals <br />process to the City Council were added to the Code in either 2004 or 2005. The request for <br />amendment therefore comes to the Council after two to three years of working under the new <br />process, and attempting to work on perceived unwieldinessbased on the experience during this <br />time. <br />The purpose of this memorandum is to give the Council some background in the law, <br />the proposed language, and various legal principles the Council may want to keep in mind <br />when deciding on any changes to Section 101�.04{C) of the Code. <br />LegaZ Backdrop <br />Chapter 462 of Minnesota statutes provides the authority and guidance for cities and <br />townships in undertaking zoning. Zoning ordinances are meant to advance the aims of the <br />comprehensiveplans of a municipality. Therefore, in the first instance, to even pass a zoning <br />ordinance, a municipality has to engage in the planning process and adopt a comprehensive <br />plan. <br />Once a zoning ordinance is adopted, by law a municipality is required to have a board <br />of appeals and adjustment. �� Minn. Stat. $462.354, subd. 2. Pursuant to that provision, this <br />can be either a separate and distinctbody that constitutes the board of appeals and adjustments; <br />it can be the planning commission or a committee of the planning commission that acts as the <br />board of app�als andadjustments; or it can be the �� � k� �i�r� i�ti�, body of the municipality itself. <br />Whomever makes u� the body, and whatever the body is entitled, it has the powers set forth <br />under Minn. Stat. �� 462357; subd. 6 and 462359, subd. 4, together with "such other duties as <br />the governing body may direct." I�, <br />Minn. Stat. $462.359 deals with very specific appeals relating official maps. The more <br />common and general powers of the board of appeals and adjustment are set forth in Minn. Stat. <br />� 462357, subd. 6. There are two main powers of'the board of adjustment. The first is to hear <br />requests for variances. The second is to hear and decide appeals from any order, requirement, <br />decision or determination made by an administrative officer in the enforcement of a zoning <br />ordinance. <br />In a municipality where the council does not serve as the board of appeals and <br />adjustments, the governing body has three choices in how it wishes to handle decisions of that <br />board. It may provide the decisions of the board of appeals and adjustments on matters within <br />its jurisdiction are fmal, subject to normal judicial review. Normal judicial review, pursuant to <br />
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