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City Council Ordinance 95ORDINANCE AMENDMENT The City Council of Monticello hereby ordains that the following Zoning Ordinance Section be amended, as follows: 10-23-1 CHAPTER 23 ADMINISTRATION - VARIANCES AND APPEALS SECTION: 10-23-4 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 # 7S 10-23-4 10-23-6 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. 10-23-6 10-23-8 (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. 10-23-8 10-23-8 (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