HomeMy WebLinkAboutOrdinance - 77-06 - Board of Adjustments & Appeals Amending Ordinance No. 135 - 03/01/1977 WHP/azd
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77-6
AN ORDINANCE RELATING TO BOARD OF ADJUSTMENTS
AND APPEALS AND AMENDING ORDINANCE NO. 135 .
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN:
Section 1_ Subdivision 17. 2 of Ordinance No . 135 is hereby
repealed and there shall be substituted therefor the following:
Subdivision 17 . 2. Pursuant to M.S.A. 462 . 351 - 462 . 364,
there is hereby established a separate Board of Appeals
and Adjustments of the City (hereinafter referred to as
"Board") which consists of five (5) members appointed by
the City Council- from among the resld`rits of Eden Prairie. s
In addition there shall be one ex-officio member to be
appointed from the administrative staff of the city
government.
Terms of office for members other than ex-officio members
shall be for three years and shall commence on March 1st
of each year; provided, however, that in 1977 two members
shall be appointed for a term of three years , two for a
term of two years and one for a term of one year. There-
after all appointees shall hold office for the term to
which they have been appointed or until their successor
has been appointed and qualified, whichever is earlier.
The ex-officio member shall be appointed for an annual
term, provided that membership on the Board shall terminate
with the office from which ex-of ficio membership is derived ;
to serve during the pleasure of the City Council or as may
otherwise be appropriate.
Members other than ex-officio shall be appointed from
among persons in a position to represent the general public
interest, and no person shall be appointed with private or
personal interests likely to conflict with the general
public interest. If any person appointed shall find that ' '
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his private or personal interests are involved in any NX
matter corning before the Board, he shall disqualify
himself from taking part in action on the matter, or
he may be disqualified by the chairman of the Board. °
No one shall be appointed to the Board who holds an
elective office. Commencing with those appointed
to terms in March, 1977, no appointee shall serve t
consecutively more than two three-year terms, plus
(1) any portion of an unexpired term to which
he or she may have been appointed, or f
(2) the remainder of any term to which he or
she had been appointed prior to March 1977,
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provided, however, the Council by unanimous vote may '
appoint a member to a further' term.
Any member of the Board may be removed .from office for
just cause and on written charges by a twa-thirds vote
of the entire City Council, but such member shall be
entitled to a public hearing before such vote is taken.
In addition, any member may be removed for non-attendance
at Board meetings without action by the City Council,
' according to rules adopted by the Board.
It shall be the duty of the chairman of the Board to
notify the City Council promptly of any vacancies
occurring in membership, and the City Council shall fill
such vacancies within thirty days for the unexpired term
of the original appointment.
Th3 Board shall elect one of its members as its chairman
and appoint a secretary who may but need not be one of its
members and such other officers as it deems necessary and -11
advisable. Staff services for the Board shall be furnished
by the City Council. The Board shall have the power and
duty of hearing and deciding appeals or requests in the
following cases:
(1) To hear and decide appeals where it is alleged
that there is an error in any order, require-
ment, decision or determination made by an
administrative officer in the enforcement of
the zoning ordinance.
(2) To hear requests for variances from the literal
provisions of the ordinance in instances where
their strict enforcement would cause undue
hardship because of circumstances unique to the
C individual property under consideration, and to
grant such variances only when it is demonstrated
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that such actions will be in keeping with the
spirit and intent of the ordinance. The Board
of Appeals and Adjustments or the _governing
body as the case may be, may not permit as a
variance any use that is not permitted under the
ordinance for property in the zone where the
affected person ' s land is located. The Board
or governing body as the case may be, may permit
as a variance the temporary use of a one family
dwelling as a two family dwelling. The Board
or governing body as the case may be may impose
conditions in the granting of variances to isnure
compliance and to protect adjacent properties .
Section 2. Subdivisions 17 .4 and 17 . 5 of Ordinance No. 135
are hereby repealed and there is substituted therefor the following:
Subdivision 17.4. Decision by Board of Adjustments and
Appeals . Within sixty 6 days after filing of a
req,aest for variance of an appeal from an administrative
order or determination, the Board of Adjustments and
Appeals shall set a date for hearing thereon and shall
hear such persons as wish to be heard either in person
or by agent or attorney.
Notice of any such hearing shall be mailed not less than
ten (10) days before the date of hearing to the person or
a
persons who file the appeal or request and in the case of
a request for a variance to each owner of property situated
wholly or partly within 500 feet of the property to which
the variance relates insofar as the names and addresses of
such owners can be determined by the City Clerk from records
available to the public. Within a reasonable time after a
hearing the Board shall make an order deciding the matter
and serve a copy of such order upon the appellant or the
petitioner by mail. l
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Subdivision 17. 5. The Board of Adjustment and Appeals shall
provide for a record of its proceeding which shall include
the minutes of its meetings, its findings and the action �
taken on each matter heard by it including its final order.
Section 3. Subdivision 17. 6 of Ordinance No. 135 is hereby
repealed and there is substituted therefor the following:
Subdivision 17. 6. Review or Appeal.
(1) The City Council may elect to review any decision
of the Board, or a decision may be appealed by the
appellant or petitioner within forty-five (45) days
by filing with the City Clerk an appeal to the
Council from the decision of the Board.
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(2) The Council shall at its next regular meeting
after the filing of an appeal from a decision
of the Board of Adjustments or Appeals, set a
date for hearing therein which shall be not
later than sixty (60) days after the meeting.
Review shall be made upon the petition and all
the files , documents and records of the proceed-
ings of the matter.
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The City Clerk shall make a permanent record
of the disposition of all appeals to it from
decisions from the Board of Adjustments and
Appeals .
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie this 1st day of March, 1977, and finally
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read and adopted and ordered published at a regular meeting of
s
the City Council of said City on the 15t}day of March 1977.
ve
!!9XfgOfg Penzel, Mayor
ATTEST:
J D. ne, City Clerk
Published in the Eden Prairie News on the day of 1977.
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Affidavit of Publication
elullofBela2PablkaAl.�) '—_
CITY OF EDEN PRAMM
HENNEPIN COUNTT.MIWNZSOTA
ORDINANCE NO.774
AN ORDINANCE SM ATM !O `
BOARD OF ADJUM111413INTS AND State of Minnesota 1
APPEALS AND Aa=NDINO OR-
DINANCE NO. Its. ) SS.
Teti CITY COUNCIL 4r Theo CITT OF
EDEN PRAUkIN DOES ORDAIN: County of Hennepin
s.eth.e 1.li+tbdivi doe IT.2 of Ordinance
No.lit is hereby repealed and then shall
be substituted thereesr do foilowluic ,
Sobihislta 1T.L Pursuant to UwLA.
442.211 4112.264, there Is hereby 1 1 a-i M c G a r r y
established a sspereto Board of Appeals being duly sworn,on oath says he is and during
and Adiiastmeats of the Clttyy (heretnader I all the tune herein stated has been the publisher and printer of the newspaper known)as Eden Prairie News and has full
referred to as'•Board" wh ich consists Of! knowledge of the facts herein stated as follows: i I Said newspaper is printed in the English language in newspaper format
five (1) members appointed by the City and in column and sheet form equivalent in printed space to at least 900 square inches. r 2)Said newspaper is a weekly
Council from among the residents of XAw and is distributed at least once a week.13)Said news paper has 509E of its news columns devoted to news of local interest
Prairie. to the community In addition there akail be out ea-olRiele Y which it purports to serve and does not wholly duplicate any other publication and is not made up
member to be appeiatad from the ad- entirely of patents,plate matter and advertisements.)4)Said newspaper is circulated in and near the municipality which
mioistrative shaft of the etty Rswersnnent. it purports to serve,has at least 500 copies regularly delivered to paying subscribers,has an average of at least 75%of its
Terms of Miles for mombers ether than total circulation cL-rently paid or no more than three months in arrears and has entry as second-class matter in is local
exofficb members shalt be far then I post-office.(5)Said newspaper purports to serve the laity of Eden Prairie in the Coun.y of Hennepin and it has its known
years and pro ided.com bwct o k[hat i lit of office of issue in the City of Eden Prairie in said count established and open during its regular business hours for the
each yea�e-�ovidsd.lYswever.that ls 1l77 Y Y. Pe g g
two members shall be appoint"far atoem gathering of news,sale of advertisements and sale of subscriptions and maintained by the managing officer of said
of three yams.two for a two of two years newspaper,persons in its employ and subject to his direction And control during all such regular business hot.rs and at
and one for a term of am year.Thereafter which said newspaper is printed. (5) Said newspaper files a copy of each issue immediately with the State Historical
all which
they shallbeidafAn to or feet° Society.)7)Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates
to which they have boas appointed or tat8 Y� PaPe P g K Y P B Y
their successor has been appointed surd of publication mentioned below. )8)Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,
qualified. whichever is owner. 1976 and each January 1 thereafter an affidavit to the form prescribed by the Secretary of State and signed by the
The esofficie member ahatl be ap- managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper.
pointed for an&must term,provided that
withber"on the Dowd shaill termina
the ooffiee from which asofltebts He further states on oath that the printed
membership In derived: to serve daring
the pleasure of the City Cona¢R or an may hereto attached as a part
-th,--wise!r appr tte.
members othtr these esofffeie shall be hereof was cut from the colurruus of said newspaper, and was printed and published therein in the English language,
ns appointed from ame persons in a
t
lion to represent the 1 public. once each week, for )� successrv^ weeks; that it was first so published on r :1 t'S • the i "1
interest.and no aerem�t}II b q� to ;,r i 1 -
e"'«�.^aw'v a�tersaslaMs.w 21*".,- day of 19 ' i and was thereafter printed and published on every to and
O names and addresses of such,owners can ;
s be determined a pisbUe.wfakln a b, tt+t to the public.Clerk front
P records available,to the day of 19 and that the following is a printed copy of the lower case alphabet
bossi
n shllsnake
reasonable an after s deciding
the 1 alter from A to?.,both inclusive,and Li hereby acknowled cd as bean the size and kind of
� shall make an order deeidia`the a>satter Y' K K ypc used in the composition and
it and serve a copy of suet order upon the
d a th rh at or o patitfener by maiL publication of said notice,to wit:
r Sabdivisim 17.1. The Board of Ad-
)ostmert and Appeals shall provide for a
v record of Hs preaodis[ whleb shall to-
cle the minutes of fits sNdingo, its abcdetghi)klmnopgratuvw:yclod
findings and the action takes on am*
+ matter beard by it including Its final eider.
Settles&Subdivisiea 17.6 M Ordinance
No. 123 is hereby repealed and there Is t
substituted tbaWw the following.
tiebdivbba IIAL Review or Appeal
t I)The City Cousell may I A to review
any decision of the Beard,or a �GL,
pmmea be s yyaa by
filing with iw th the�Clark an(appeal to the Council from the decision of an nowdL Subscribed and sworn to before me this , �;N� day of 19 •/
(2)The Council shall at its nest repels
meeting alter the also
l from a 1
decision of the Btiling of A or
Apppeal, set a date for q� tbwsJa 1
which shall be rent later b s sixty (0) 1/Lc ti,r-n 0
das after the mason
Aeviow shall be made spas the petfttloa
and all the ftles,documents abed rscenk of
the proceedings M the matter. f )Notarial Seal) ,
The City Clerk shall make a permanent
record of the dloposklou M all appeals to it Notary public, . Q rv�l_., cutely,liflrvresola
from decisions from the Beard of Ad. My Commission Expires
juatmeots and Appeals.
FIRST READ It a regular masking of
the City Council aft City M lidos Pra4fo ►erN.rw+v
this 1st dar of march. 11+t7 and finwla!
read and adtptM sad ee dered publfsbai at LO R RA 1 N E LAN O
M a regular meeting aft"C#F Council of NOTARY PUBLIC—MINNESOTA
said City on the VAI; day of lifarck 11f7ot7. CARVER COUNTY
went,"rouaoi,iifa7
`. ATTEST. My Commission Expires June 29, 198rl
John D. Frane, City Clerk di
'.' t Published in the Edna Prairie liews on
the U�A}pril 1977.) 1
tl
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