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Ordinance No. 1332 02-22-2016 ORDINANCE NO. 1332-S AN ORDINANCE AMENDING CHAPTER 6.06, APPEALS COMMISSION OF THE FRIDLEY CITY CODE PERTAINING TO VARIANCE AND APPEAL PROCEDURES I. Title An ordinance which clarifies appeal procedures in Ch. 6 of City Code. II. Summary The City Council of the City of Fridley does hereby ordain as follows: that Ch. 6.06 of Fridley City Code shall be amended to require the Planning Commission to select a designee to serve on the Appeals Commission if there is a lack of a quorum and sets forth an appeal process for rental license grievances. The amendment further clarifies the procedure for variance application processing and appeals, deferring procedure details to Ch. 205.05 and 128 of City Code. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning Ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ND 22 DAY OF FEBRUARY 2016. ________________________________ SCOTT J. LUND, MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN, CITY CLERK Public Hearing: January 25, 2016 First Reading: February 8, 2016 Second Reading: February 22, 2016 Published: March 4, 2016 ORDINANCE NO. 1332 AN ORDINANCE AMENDING CHAPTER 6.06, APPEALS COMMISSION OF THE FRIDLEY CITY CODE PERTAINING TO VARIANCE AND APPEAL PROCEDURES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 6. COMMISSIONS 6.06 APPEALS COMMISSION 1. Title. The Council hereby creates an Appeals Commission to serve as the Board of Appeals and Adjustments and to exercise all authority and perform all functions of said Board pursuant to Minnesota Statutes Sections 462.351 to 462.364 and operate according to the Fridley City Code. (1980) 2. Substitute Members At any meeting of the Appeals Commission, if there is less than a quorum present, the chairperson, vice-chairperson, or a designee of the Planning Commission’s designee may serve as a member of the Appeals Commission in a member’s absence. (Ref 1237) 3. Purpose. The Appeals Commission is established to provide a process by which the public may appeal staff’s interpretation of code, request a variance to performance standards in code, or to provide comprehensive planning advice to the Planning Commission. the literal provisions of the zoning ordinance, sign ordinance, and building code, for reasons of exceptional circumstances when strict enforcement would cause undue hardship and strict conformity of the standards would be unreasonable and impractical or not feasible under the circumstances. 4. Scope. A. The Appeals Commission shall act as an advisory commission to the Planning Commission for continuous community planning and development of the comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission who will then make recommendations to the City Council. B. The Commission shall have the power and duty of hearing and recommending to the City Council appeals or requests in the following cases: Ordinance No. 1332 Page 2 (1) Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer Compliance Official in the enforcement of the zoning ordinance, sign ordinance, or of the State Building Code, or of the Residential Rental Licensing Code. (2) Requests for variances from the literal provisions of the zZoning Code ordinance, or sign ordinance or of the State Building Code in instances where strict enforcement would cause practical difficulties undue hardship because of circumstances unique to the individual property under consideration. C. In recommending or approving a variance, subject to the conditions of sSection 6.07.5 6.06.B the cCommission and the Council may impose conditions to ensure compliance and to protect adjacent properties. 5. Petition by Owner. A. Appeals From Decision of Zoning Administrator Request for Variance. A property owner may request a variance when the owner establishes that there are practical difficulties in complying with the Zoning Code. An application must be filed with the City and must state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. At any time within thirty (30) days, any property owner who deems himself aggrieved by an alleged error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter which affects his property, may appeal to the commission by filing a written appeal with the City Manager. The appeal shall fully state the order appealed from, the facts of the matter, and also the mailing address of. the owner. B. Request for Variances Appeals. Any person aggrieved by an alleged error in any order, requirement, decision or determination made by a Compliance Official in the enforcement of City Code, may request a hearing before the Appeals Commission. The appeal must be made in writing to the Community Development Director according to the terms and procedures established in Chapters 205.05.7 and 128 of City Code, and must clearly describe the code section under appeal, the facts of the matter, and the mailing address of the owner. The commission may recommend variances from the strict application of the provision of this chapter and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardships preventing the strict application of the regulations of this chapter. An application for a variance must be filed with the Zoning Administrator and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. Ordinance No. 1332 Page 3 6. Recommendation by Appeals Commission. A. Variance: The Appeals Commission shall follow the variance process established in Chapter 205.05.6. Within thirty (30) days after filing an appeal from an administrative order or determination, or request for variance completed application, the commission shall set a date for hearing thereon and shall hear such persons as want to be heard, either in person or by Agent or attorney. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeal, and to all adjacent property owners within a 350 foot distance of the requested variance location. Within a reasonable time after the hearing, the Appeals Commission shall make its recommendations or approvals subject to conditions of Section 6.07.6, and forward a copy of such recommendation or approval to the City Council. B. Appeals: The Community Development Director shall follow the appeals process established in Chapter 205.05.7. 7. Variances in R-1 Zoning. In residential (R-1 Zoning) areas the Appeals Commission has the authority to approve variances when all the following conditions are met: A. There is unanimous agreement of the Appeals Commission. B. The staff concurs with the recommendation of the Appeals Commission. C. The general public attending the meeting or responding to the notice of public hearing have no objection. D. The petitioner is in agreement with the recommendation. When the above conditions are not met, the variance request must be channeled through the normal variance procedure for final approval by the City Council. 8. Record of Action Taken. A. The Appeals Commission shall provide for a record of its proceeding which shall include the minutes of its meeting, its findings and the recommendation or approval on each matter heard by it, subject to the condition of Section 6.07.6. B. The Commission recommendation or approval finding of fact as to: (1) The public policy which is served by the requirement. (2) The practical difficulties or unique circumstances of the property that cause undue hardship in the strict application of the requirement. Ordinance No. 1332 Page 4 (3) Any conditions that attach to the variance. 9. Action of the Council. The Council shall at its next regular meeting after receiving the recommendation of the Appeals Commission, decide on the action to be taken. 10. Lapse of Variance by Non-use. If work as permitted by a variance is not commenced within one year and completed within two years after granting of a variance, then such variance shall become null and void unless a petition for extension of time in. which to complete the work has been granted by the commission. Such extension shall be requested in writing and filed with the City Manager at least twenty (20) days before the expiration of the original variance. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance. Such petition shall be presented to the Appeals Commission for hearing and decision in the same manner as the original request for variance. (Ref. 846) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ND 22 DAY OF FEBRUARY 2016. ________________________________ SCOTT J. LUND, MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN, CITY CLERK Public Hearing: January 25, 2016 First Reading: February 8, 2016 Second Reading: February 22, 2016 Published: March 4, 2016 1 AFFIDAVIT OF PUBLICATION City of Fridley (Official Publication) STATE OF MINNESOTA )SS ORDINANCE NO.�332 COUNTY OF ANOKA AN ORDINANCE AMENDING CHAPTER 6.06,APPEALS Charlene Vold being duly sworn on an oath, COMMISSION OFTHE FRIDLEY CfTY CODE states or affirms that he/she is the Publisher's pERTA1NING TO VARIANCE Designated Agent of the newspaper(s)known AND APPEAL PROCEDURES as: �.� An ordinance which clarifies ap- SF Columbia Heights/Fridley P� P�edures in Ch. s of City Code. II.Summarv with the known of�ice of issue being located The City Council of the City of in the COUnty Of: Fridley does hereby ordain as fol- ANOKA bws: that Ch. 6.06 of Fridley City Code shall be amended to require with additional circulation in the counties of: tt,e P�anning commission to select ANOKA a designee to serve on the Appeals and has full knowledge of the facts stated Commission 'rf there is a lack of a ��o�,: quorum and sets forth an app�l process for rental license grievanc- (A)The newspaper has complied with all of es.The amendment further ciarifies the requirements constituting qualifica- me procedure for variance applica- tion as a qualified newspaper as provided ron processing and appeals,defer- by Minn. Stat.§331 A.02. ring procedure details to Ch.205.05 and 128 of City Code. (B)This Public Notice was printed and pub- ���.Hotice lished in said newspaper(s) once each This Title and Summary has been week, for 1 successive week(s); the first Published to clearly inform the pub- insertion being on 03/04/2016 and the last ��c of the intent and effect of the City of Fridley's Zoning Ordinance. insertion being on 03/04/2016. A copy of the ordinance, in its en- tirety, is available for inspection by MORTGAGE FORECLOSURE NOTICES any person during regular business Pursuant to Minnesota Stat. §580.033 hours at the offices of the City Clerk of the City of Fridley,6431 Universi- relating to the publication of mortgage tyAvenue N.E.,Fridley,MN 55432. foreclosure notices: The newspaper complies PASSEDANDADOPTEDBYTHE with the conditions described in §580.033, CITY COUNCIL OF THE CIlY OF subd. l, ciause (1) or(2). If the newspaper's FRIDLEY THIS 22ND DAY OF FEB- RUARY 2016. known office of issue is located in a county adjoining the county where the mortgaged SCOTT J.LUND,MAYOR premises or some part of the mortgaged ATTEST: premises described in the notice are located, DEBRA A.SKOGEN,CITY CLERK a substantial portion of the newspaper's public Hearing:January 25,2ois circulation is in the latter county. First Reading:February 8,2o�s Second Reading:February 22,2016 Z��� Published:March 4,2016 � 3/4/16,3SF2, By� Ordinance No.1332,514418 Designated Agent Subscribed and sworn to or affirmed before me on 03/04/2016 by Charlene Void. ��0�,.4.�,-� 1"� �s� P�� , Notary Public � - DpRLENE MARIE MACPHEASON� �' � Notary Publ�-Mlnneeota My CommlMbn Explroe J�n 31,2019 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $25.40 per column inch Ad ID 514418