79-02 - 3613 Red Cedar Point VAR pt 211
CHAPTER THREE
VARIANCE PETITION f
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VARIANCE PETITION
CHRONOLOGY
Introduction:
a
a
The purpose of granting a "Variance" is to provide relief
from the strict application of the provisions of the Zoning Ordinance
and impost conditions and safeguards where there are practical
difficulties or particular hardships.
Step-by-step Procedure for Processing an Application Involving
a Variance Request. (Ref. Ordinance 47, Section 22.04).
Step 1. PETITIONER.
Initial Information. All applications for variance shall be -
filed in the office of the Zoning Administrator and shall be _
accompanied by ten 110) copies of a set of plans and graphics
containing the following information:
a. Sketch Plan showing all pertinent dimensions having an
influence upon the Variance Request.
b. If topography or extreme grade is the basis on which the
request is made, topographic contours at two .(2) foot intervals shall
be submitted.
C. An Abstractor's Certificate showing the names and addresses
of all property owners within three hundred fifty (350) feet of the
property in question.
d. Pays required filing fee.
Step 2. ZONING ADMINISTRATOR.
a. Reviews documents submitted in Step 1 above, and requests
any missing information from petitioner.
b. Forwards copies of the petition to other staff members or
governmental agencies deemed appropriate at least fourteen (14)
days prior to the Board of Adjustments and Appeals meeting.
C. Sets date for public hearing within thirty (30) days after
filing for variance.
d. Notified Board of Adjustments and Appeals and adjacent
property owners of forthcoming public hearing. Said notice of
public hearing shall be mailed not less than ten (10) days prior
to the date of public hearing.
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Prepares Planning Report which includes comments from other
staff and forwards copies to Board of Adjustments and Appeals and
petitioner no rater than Friday prior to the scheduled public hearing.
Step 3. BOARD OF ADJUSTMENTS AND APPEALS.
a. Reviews documents and reports submitted in Step 1 and
2 above.
b. Hears petitioner's formal presentation of the proposed
variance.
C. The Board of Adjustments and Appeals shall not recommend,
and the Council shall not grant, a variance unless they find the
following facts: _.
1) That there are special circumstances or conditions
affecting the land, building or use referred to in the application
for the variance.
2) That the granting of the variance is necessary for the 2
-preservation and enjoyment'of substantial property rights.
3) That the granting of the application will not be
materially detrimental to the public welfare or -injurious to property
in the area adjacent to the property for which the -variance is
sought.
C4) That the granting of the variance will
with the spirit and intent of the Zoning Ordinance and bCity Plane in ing
The Board of'Adjustments and Appeals in recommending,
and the Council in granting, a variance may impose conditions to
insure compliance and to protect adjacent properties. The Board
of Adjustments and Appeals and the Council shall not permit as a
Variance any use that is not permitted under this ordinance for
property in the zoning district where the land which is the subject
of the variance application is located.
Step 4. ZONING ADMINISTRATOR, l
a. Forwards copy of the Board of Adjustments and Appeals
recommendation to the City Council.
Step S. CITY COUNCIL.
a. Tile Council shall review, and may revise or reverse, any
decision of the Board of Adjustments and Appeals. In reviewing
such decisions the Council may conduct such hearings as it may
deem advisable and shall prescribe what notice, if any, shall
be given of such hearings. The Council shall conduct its review
of any such decision and make its findings and order thereon
within 60 days after receipt by it of the decision of the Board
of Adjustments and Appeals. No permit for a variance shall be
issued unless a decision of the Board of Adjustments and Appeals
approving the same is reviewed and approved by the Council.
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r` b. Denial. Variances may be denied by the Council and such •:
denial sha1T constitute a finding and determination that the conditions
required for approval do not exist. No application for a variance
which has been denied wholly or in part shall be resubmitted for
a period os six (6) months from the date of such order of denial,
except on grounds of new evidence or proof of change of conditions
found to be valid by the Board of Adjustments and Appeals.
C. Action Without Decision. If no decision is transmitted
by the Board of Adjustments and Appeals within sixty (60) days
after referral of the appeal or application for variance to the
Board, the Council may take action without further awaiting such
decision.
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INSTRUCTIONS FOR COMPLETING ADMINISTRATIVE FORM ENTITLED:
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST, VARIANCE PETITION.
(Note: This instruction sheet should be given to each applicant
petitioning for a variance.)
1. The applicant should become familiar with the provisions
setforth in Ordinance 47 as amended entitled "Chanhassen Zoning
Ordinance", and the City Administrative Procedures Manual.
2. If the applicant is requesting a multiple request, such as a
variance which may also involve a rezoning or conditional use
permit, separate forms must be filled out for each request.
3. Case No., fee paid and date will be filled out by the
Administrator, or any other authorized person charged with accepting
forms for the Planning Commission.
4. Applicant refers to the person actually submitting the form, `
if different than owner. If applicant is also the owner, write
"same" after "name". Address refers to the applicants mailing address.
5. Owner refers to the actual person holding title to the property
in question; it does not refer to a contract buyer, renter, or
lessee. Address refers to the owners mailing address.
6. Address of property in question refers to subject property
street name and number. If the property is undeveloped, the address
may be obtained from the City Building Inspector.
.7. Legal Description of property in question refers to the lot
number, block number and name of subdivision, or if unplatted, the
meets and bounds description or registered land survey as recorded
pf the subject property. This information may be obtained from the
Carver County Register of Deeds, located in the County Courthouse,
Chaska, Minnesota.
8. Present zoning of property refers to the specific zoning district
in which the property is located.
9. Present use of property refers to the existing land use, i.e.,
single family residential, office building, agriculture, etc.
10. Proposed use of property refers to the specific improvement
intended for the property in questions.
11. Documents attached are required by City Ordinance 47, Section 22.
12. The remaining portion of the application is for administrative
use.
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VARIANCE PETITION' CASE 140. VAR. _
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST '
Applicant:
Name :
Last
Address : -�
Date of Application J-Un',
Fee Paid X. &O Date
Received by
L
First Initial
Number, and Street City State Zip Code
Owner Name'�bj Lamle'
Last First Initial
Address:
Number and Street City State Zip Code
Address of Property in question:
Legal description of property in question:
R0sJ4er"K
Present zoning of property: Ae-+
Present use of property:_ A/T
Proposed use of property: �/fJry�VVyyLE�� ,
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1
The following documents shal'1 be attached to this application:
Date Received Initial
1' Sketch Plan
2. AWactors Certificate
�.�s� °� �t+•� .,r'9�-'a" ' Ste' '��
3. Fee
I hereby declare that all statements made in this application and on
the attached documents are true, and that I shall reimburse the City
of Chanhassen for all City,e-x-penses incurred in processing this.
Signature of Applicant �-
Signature of Owner '
C
Date
Received by Title Date
(Following to be completed by Zoning Administrator or City official)
CHRONOLOGY
Date
By
'ublic Flearing by
Board of Adjustments and Appeals
Board of Adjustments and Appeals
postponed to
Adjacent property owners notified
Public Hearing
pplication on Council Agenda
Council postponed to
'ouncil Action
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