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Iltaw <br /> Report Number 11-013 <br /> Agenda Section VI-12 <br /> the city that works for you Council Meeting Date January 11,2011 <br /> REQUEST FOR COUNCIL CONSIDERATION <br /> ITEM DESCRIPTION: Consideration of a Zoning Code Amendment amending Section 8-210 and 2- <br /> 230 pertaining to variance criteria. <br /> DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director <br /> CITY MANAGER'S APPROVAL: <br /> No comments to supplement this report Comments attached <br /> 15.99 Deadline: not applicable <br /> Recommendation: Adopt the attached Ordinance amending Zoning Code Section 8-210 and 8-230. <br /> Legislative History: June of 2010: The Minnesota Supreme Court prepared an Opinion which impacts <br /> how cities have historically interpreted the reasonable use standard for variance requests. <br /> September 16, 2010: The Planning Commission discussed the June 2010 Supreme Court Opinion and <br /> directed staff to make minor amendments to the Zoning Code to ensure the City continues to comply <br /> with State Law. <br /> December 21, 2010: The Planning Commission considered the proposed Ordinance and held a public <br /> hearing. No testimony was given. The Planning Commission recommended approval of the ordinance <br /> as drafted by the City Attorney. <br /> Financial Impact: None <br /> Explanation: City staff is requesting an amendment to Zoning Code Section 8-210 and 8-230. These <br /> sections refer to the variance criteria. The language of Section 8-210 is amended to authorize the City <br /> Council to grant variances consistent with State law. Section 8-230 is proposed to be repealed as it was <br /> a reference to County-based variance approval standards. <br /> At the Commission's special work session in September, the City Attorney shared a proposed Ordinance <br /> on how the City might amend the Zoning Code as it pertains to variance criteria. The proposal is to <br /> remove the previous language of Section 8-210 (shown in strikethrough on the attached Ordinance) and <br /> include language referencing State Statute. It is possible that the Minnesota Legislature will consider <br /> amendments to the law in reaction to the recent Supreme Court Opinion. <br /> As stated above, Section 8-210 is amended to reference Minnesota Statutes, Section 462.357, Subd. 6 <br /> and Zoning Code Section 8-230 would be repealed, as it references a County standard that is not <br /> applicable to municipalities. This section was included in the ordinance in error. Staff recommends <br /> adoption of the attached Ordinance. <br /> Costs and Funding: Not applicable <br /> (laL a At <br /> Janice Gundlach <br /> City Planner <br />