ITEM 3.7 Zoning AppealsOtkooF
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
13 April 2020
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.7 — Zoning Appeals
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
X
Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a Zoning Ordinance amendment establishing timeframes for filing an
appeal of zoning decisions.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission 6 April 2020
BACKGROUND/J USTI FICATION:
The City has initiated an amendment of the Zoning Ordinance to respond to a recent Minnesota Supreme
Court decision related to appeals of zoning decisions. The Minnesota Supreme Court in the case of Schultz
v. Town of Duluth upheld a city's authority to enact, via the City Code, the ability to limit the time to appeal
a City's zoning decisions to the district court.
The City Attorney recommends modifying the Zoning Ordinance to limit time to appeal City decisions
related to amendments, conditional use permits, interim use permits, variances, and administrative
permits. A public hearing to consider the amendment was held by the Planning Commission on 6 April
2020. There were no public comments and the public hearing was closed. The Planning Commission had
no questions or comments.
SUPPORTING DOCUMENTS ATTACHED:
0 Ordinance 2020-04
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Ordinance 2020-04 regarding zoning decision appeals.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
ORDINANCE NO.: 2020-04
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING ZONING DECISION
APPEALS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-3-2 of the Zoning Ordinance (Amendments - Procedure) is
hereby amended to add the following provision and subsequent sections renumbered
accordingly:
O All decisions made by the City regarding an amendment shall be final, except that an
aggrieved person shall have the right to appeal within thirty (30) days after delivery of
the decision to the appellant to the District Court in Wright County. Any person seeking
judicial review under this ordinance must serve the City and all necessary parties.
including any landowners, within the thirty (30) day period defined above.
Section 2. Section 11-4-2 of the Zoning Ordinance (Conditional Use Permits -
Procedure) is hereby amended to add the following provision and subsequent sections
renumbered accordingly:
o. All decisions made by the City reaardina a conditional use permit shall be final — except
that any aggrieved person shall have the right to appeal within thirty (30) days after
deljverv_of the decision to the appellant, to the District Court in Wright County. Any
person seeking judicial review under this ordinance must serve the City and all
necessary parties including any landowners. within the thirty (30) day period defined
above.
Section 3. Section 11-5-2 of the Zoning Ordinance (Interim Use Permits - Procedure) is
hereby amended to add the following provision and subsequent sections renumbered
accordingly:
O All decisions made by the City regarding an interim use permit shall be final, except that
any aggrieved person shall have the right_ to appeal within thirty (30) days after delivery
of the decision to the appellant, to the District Court in Wright County. Any person
seeking judicial review under this ordinance must serve the City and all necessary
parties. including any landowners, within the thirty (30) day period defined above.
Section 4. Section 11-6-4.0 of the Zoning Ordinance (Variances - Procedure) is hereby
amended to add the following provision with subsequent sections renumbered accordingly:
15 All decisions made by the City regarding a variance shall be final, except that any
aggrieved person shall have the right to appeal within thirty (30) days after
delivery of the decision to the appellantto the District Court in Wright County.
Any person seeking judicial review under this ordinance must serve the Citv and
all necessary parties, including any landowners, within the thirty (30) day period
defined above.
Section 5. Section 11-7-5 of the Zoning Ordinance (Appeals — Appeals from Board
Decisions) is hereby amended to read as follows:
11-7-5: APPEALS FROM BOARD DECISIONS: Any pee GR er persens ^r aRy hn�rrl
AdjustmeRt and Appeals shall have the Fight to seek review within thirty (30) days ef the
deGiSian with a GeUFt E)f FeGOFd Gf SUGh deGi6iGR on the rnanReF provided by the laws ef the State
tore tG torne amended supplemented OF Fep!a e .All decisions made by the City regarding an
appeal shall be final, except that any aggrieved person shall have the right to appeal within thirty
(30) days after delivery of the decision to the appellant, to the District Court in Wright County.
Any person seeking judicial review under this ordinance must serve the City and all necessary
parties, including any landowners, within the thirty (30) day period defined above.
Section 6. Section 11-7-5 of the Zoning Ordinance (Appeals — Appeals from Board
Decisions) is hereby amended to read as follows:
M. All decisions made by the Citv reaardina an amendment shall be final, except that an
aggrieved person shall have the right to appeal within thirty (30) days after delivery of
the decision to the appellant, to the District Court in Wright County. Any person seeking
judicial review under this ordinance must serve the City and all necessary parties.
including any landowners, within the thirty (30) day period defined above.
Section 7. This Ordinance shall become effective immediately upon its passage and
publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2
ADOPTED by the City Council of the City of Otsego this 13t" day of April,
2020.
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk