HomeMy WebLinkAboutOrdinance No. 1604 ORDINANCE NO. 1604
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING THE VARIANCE PROCEDURE AND REQUIREMENTS WITHIN
THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.104(G) of the Columbia Heights City Code, which
currently reads to wit:
§ 9.104 ADMINISTRATION AND ENFORCEMENT.
(G) Variances.
(1) Purpose. The purpose of a variance is to provide a means of departure
from the literal provisions of this article where strict adherence would cause undue
hardship because of circumstances unique to the property. It is not the intent of this
section to allow a variance for a use that is not permitted within a particular zoning
district.
(2) Right of Application. Any person with a legal interest in the property may
file an application for one or more variances.
(3) Application for variance. An application for a variance shall be filed with
the Zoning Administrator on the approved form and shall be accompanied by a site plan
and any other information determined by the Zoning Administrator to be necessary.
(4) Public hearing. The Planning Commission, sitting as the Board of
Appeals and Adjustments, shall hold a public hearing on the complete application for a
variance in accordance with the requirements of this section. After the close of the
hearing, the Planning Commission shall make findings and submit its recommendation to
the City Council.
(5) City Council action. The City Council shall make the final decision
regarding an application for a variance from the provisions of this article. Approval of a
variance shall require a simple majority vote of the City Council.
(6) Required findings. The City Council shall make each of the following
findings before granting a variance from the provisions of this article:
(a) Because of the particular physical surroundings, or the shape,
configuration, topography, or other conditions of the specific parcel of land involved,
strict adherence to the provisions of this article would cause undue hardship.
(b) The conditions upon which the variance is based are unique to the
specific parcel of land involved and are generally not applicable to other properties
within the same zoning classification.
(c) The difficulty or hardship is caused by the provisions of this article
and has not been created by any person currently having a legal interest in the property.
(d) The granting of the variance is in harmony with the general purpose
and intent of the Comprehensive Plan.
(e) The granting of the variance will not be materially detrimental or
the public welfare or materially injurious to the enjoyment, use, development or value of
property or improvements in the vicinity.
(7) Conditions of approval. The City Council may establish any reasonable
conditions of approval that are deemed necessary to mitigate adverse impacts directly
associated with granting of the variance and to protect neighboring properties.
Is thereby amended to read as follows:
§ 9.104 ADMINISTRATION AND ENFORCEMENT.
(G) Variances.
(1) Purpose. The purpose of a variance is to provide a means of departure
from the literal provisions of this article. Variances may be granted when the applicant
for the variance establishes that there are practical difficulties in complying with the
zoning ordinance. It is not the intent of this section to allow a variance for a use that is
not permitted within a particular zoning district.
(2) Right of Application. Any person with a legal interest in the property may
file an application for one or more variances.
(3) Application for variance. An application for a variance shall be filed with
the Zoning Administrator on the approved form and shall be accompanied by a site plan
and any other information determined by the Zoning Administrator to be necessary.
(4) Public hearing. The Planning Commission, sitting as the Board of
Appeals and Adjustments, shall hold a public hearing on the complete application for a
variance in accordance with the requirements of this section. After the close of the
hearing, the Planning Commission shall make findings and submit its recommendation to
the City Council.
(5) City Council action. The City Council shall make the final decision
regarding an application for a variance from the provisions of this article. Approval of a
variance shall require a simple majority vote of the City Council.
(6) Required findings. The City Council shall make each of the following
findings before granting a variance from the provisions of this article:
(a) Because of the particular physical surroundings, or the shape,
configuration, topography, or other conditions of the specific parcel of land involved,
strict adherence to the provisions of this article would cause practical difficulties in
conforming to the zoning ordinance. The applicant, however, is proposing to use the
property in a reasonable manner not permitted by the zoning ordinance.
(b) The conditions upon which the variance is based are unique to the
specific parcel of land involved and are generally not applicable to other properties
within the same zoning classification.
(c) The practical difficulties are caused by the provisions of this article
and have not been created by any person currently having a legal interest in the property.
(d) The granting of the variance is in harmony with the general purpose
and intent of the Comprehensive Plan.
(e) The granting of the variance will not be materially detrimental or
the public welfare or materially injurious to the enjoyment, use, development or value of
property or improvements in the vicinity.
(7) Conditions of approval. The City Council may establish any reasonable
conditions of approval that are deemed necessary to mitigate adverse impacts directly
associated with granting of the variance and to protect neighboring properties.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: October 10, 2011
Second Reading: October 24, 2011
Date of Passage: October 24, 2011
Offered by: Diehm
Second by: Schmitt
Roll Call: Ayes: Peterson, Nawrocki, Diehm, Schmitt Absent: Williams
v. or Gar y L. Peterson
Attest:
010_
atricia Muscovi MC
City Clerk