City Council Ordinance 95ORDINANCE AMENDMENT
The City Council of Monticello hereby ordains that the following Zoning Ordinance
Section be amended, as follows:
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CHAPTER 23
ADMINISTRATION - VARIANCES AND APPEALS
SECTION:
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10-23-1: Board of Adjustment and Appeals
10-23-2: Planning Commission and City Staff Reports
10-23-3: Finding of Planning Commission and City Staff
10-23-4: Non -Economic Hardship
10-23-5: Appeals
10-23-6: Procedures
10-23-7: Lapse of Variance or Appeal
10-23-8: Performance Bond
10-23-1: BOARD OF ADJUSTMENT AND APPEALS: The Planning Commission shall
act as a Board of Adjustment and Appeals.
10-23-2: PLANNING COMMISSION AND CITY STAFF REPORTS: All written reports
and recommendations to the Planning Commission serving as the
Board of Adjustment and Appeals from the City Staff shall be entered in and
made part of the permanent written record of the Board's meeting.
10-23-3: FINDING OF PLANNING COMMISSION AND CITY STAFF: In considering
all requests for a variance or appeal, and taking subsequent
action, the City Staff and the Planning Commission, serving as the Board of
Adjustment and Appeals, shall make a finding of fact that the proposed action
will not:
A. Impair an adequate supply of light and air to adjacent property.
B. Unreasonably increase the congestion in the public street.
C. Increase the danger of fire or endanger the public safety.
D. Unreasonably diminish or impair established property values within
the neighborhood, or in any other way be contrary to the intent of
this ordinance.
10-23-4: NON -ECONOMIC HARDSHIP: The Planning Commission, serving as the
Board of Adjustment and Appeals shall, after receiving the written
reports and recommendations of the City Staff, make a finding of fact and decide
upon requests for a variance by approving or denying the same, in part or in
whole, where it is alleged by the applicant that a non -economic hardship in
the reasonable use of a specific parcel of property exists. A hardship that
by some reason of narrowness, shallowness or shape of a specific parcel of
property or a lot existing and of record upon the effective date of this
Ordinance or that by reason of exceptional topographic or water conditions
of a specific -parcel of land or lot, the strict application of the terms of
this Ordinance would result in exceptional difficulties when utilizing the
parcel or lot in a manner customary and legally permissable within the district
in which said lot or parcel is located, or would create undue hardship upon
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the owner of such lot or parcel that the owner of another lot or parcel within
the same district would not have if he were to develop his lot or parcel in a
manner proposed by the applicant. Should the Planning Commission find that the
conditions outlined heretofore apply to the proposed lot or parcel, the Planning
Commission may grant a variance from the strict application of this Ordinance so
as to relieve such difficulties or hardships to the degree considered reasonable,
providing such relief may be granted without impairing the intent of this Zoning
Ordinance.
10-23-5: APPEALS: The Planning Commission, serving as the Board of Adjust-
ment and Appeals, shall after receiving the written report and
recommendation of the City staff, make a finding of fact and make a decision
on appeals where it is alleged by the applicant that error has occured in any
order, requirement, decision or determination made by the Building Inspector
in the enforcement of this Ordinance. However, said appeal shall be filed later
than ninety (90) days after the applicant has received a written notice from the
Building Inspector or said appeal shall be considered void.
10-23-6: PROCEDURES:
(A) Request for a variance or appeal shall be filed with the Zoning Admin-
istrator on an official application form. Such application shall be accompanied
by a fee as outlined in Chapter 25 of this Ordinance. This fee shall not be
refunded. Such application shall also be accompanied by written and graphic
materials necessary for the explanation of the request.
(B) Upon receiving said application, the Zoning Administrator shall refer
the application, along with all related information, to the City Planning
Commission.
(C) The Planning Commission shall consider the variance or appeal at its
next regular meeting unless the filing date falls within fifteen (15) days
of said meeting, in such a case the request would be placed on the agenda
at the regular meeting following the next regular meeting. The Zoning
Administrator shall refer said request along with all related information
to the Planning Commission at least ten (10) days prior to the regular meet-
ing. This meeting shall be a public hearing, notice of which shall be
mailed at least ten (10) days prior to the meeting to all owners of property
according to the Wright County assessment records, within three hundred fifty
feet (350') of the property to which the variance relates, when a variance
request pertains only to yard setback requirements, only abutting property
owners need be notified. Notices sent shall also indicate the appeal
process in ordinance 10-23-6, Sections (H) through (K).
(D) Failure of a property owner to receive said Notice shall not invalidate
any such proceedings as set forth within this Ordinance.
(E) The request shall be referred to the City staff for a report and
recommendation to be presented to the Planning Commission. A preliminary
draft of the City staff's report and recommendations shall be given to the
City's Planning Commission at least ten (10) days prior to the meeting at
which said report and recommendations are to be presented. The final report
and recommendations of the City staff is to be entered in and made part of the
permanent written record of the Planning Commission meeting.
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(F) A variance of this Zoning Ordinance or grant of an appeal shall be by
four-fifths (4/5's) vote of the full Planning Commission serving as the Board
of Adjustment and Appeals. Should there be less than four (4) Planning
Commission Members present at any meeting, the applicant may have the matter
brought directly to the City Council or have the hearing continued at a
Planning Commission meeting at a later date.
(G) The Zoning Administrator shall notify the originator of the variance
request or appeal of the Planning Commissions,serving as the Board of Adjust-
ment and Appeals, decision in writing.
(H) Decisions of the Planning Commission are final unless an appeal is
filed within five (6) days of the decision with the Zoning Administrator.
(I) Appeals of the decision of the Planning Commission, acting as the Board
of Adjustment and Appeals, are made to the City Council and must be in writing
stating the basis for appeal.
(J) Such an appeal shall be placed on the City Council meeting agenda for a
public hearing within thirty (30) days after it is received, and notice of
an appeal shall be published in the official newspaper at least four (4) days
prior to the hearing.
(K) A grant of an appeal requires a four-fifths (4/5' :;) vote of the full
City Council to reverse the decision of the Planning Commission.
10-23-7: LAPSE OF VARIANCE OR APPEAL: Whenever, within one (1) year after
granting a variance or appeal, the work as permitted by the variance
or appeal shall not have been completed, then such variance or appeal shall
become null and void unless a petition for extension of time in which to com-
plete the work has been granted by the Planning Commission. Such extension
shall be requested in writing and filed with the Zoning Administrator at
least thirty (30) days before the expiration of the original variance or
appeal. There shall be no charge for the filing of such petition. The request
for extension shall state facts showing a good faith attempt to complete the
work permitted in the variance or appeal. Such petition shall be presented to the
Planning Commission for a decision.
10-23-8: PERFORMANCE BOND:
(A) Except in the case of non -income producing residential property upon
approval of a variance or appeal, the City shall be provided with a surety
bond, cash escrow, certificate of deposit, securities or cash deposit prior
to the issuing of building permits or initiation of work on the proposed
improvements or development. Said security shall guarantee conformance
and compliance with the conditions of the variance or appeal and the ordinances
of the City.
(B) The security shall be in the amount of 1.5 times the City engineer's or
Building Inspector's estimated cost of labor and materials for the proposed
improvements or development.
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(C) The City shall hold the security until completion of the proposed
improvements or development and a certificate of occupancy indicating
compliance with the variance or appeal and ordinances of the City has been
issued by the City Building Inspector.
(n) Failure to comply with the conditions of the variance or appeal and
the ordinances of the City shall result in forfeiture of the security.
Passed by the City Council
this 23rd day of March, 1981
Mayor
ATTEST:
G Wie , City Administrator