Loading...
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