ORD 11-13ORDINANCE NO.: 2011-13
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OTSEGO REGARDING VARIANCES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-2-2.V of the Zoning Ordinance is hereby amended revise
the definition of variance:
Variance: A modification of or variation from the provisions of this Chapter
consistent with the Minnesota Statues 462.357 as applied to a specific property
and granted pursuant to the standards and procedures of this Chapter, except
that a variance shall not be used for modification of the allowable uses within a
district and shall not allow uses that are prohibited.
Section 2. Section 20-6-1 of the Zoning Ordinance is hereby amended to read
as follows:
20-6-1: PURPOSE: The purpose of this Section is to provide for deviations from
the literal provisions of this Chapter in instances where their strict
enforcement would cause practical difficulties because of physical
circumstances unique to the individual property under consideration, and
to grant such variances only when it is demonstrated that such actions will
be in keeping with the spirit and intent of this Chapter and the
Comprehensive Plan.
Section 3. Section 20-6-2.13 of the Zoning Ordinance is hereby amended to read
as follows:
B. Review Criteria: A variance request (major or minor) shall not be
approved unless a finding is made by the City Council that failure to grant
the variance will result in practical difficulties.
1. "Practical difficulties" means that the property owner proposes to
use the property in a reasonable manner not permitted by this
Chapter and include, but are not limited to, inadequate access to
direct sunlight for solar energy systems.
2. The applicant for variance shall also demonstrate that the request
satisfies the following criteria:
a. That the variance would be consistent with the
Comprehensive Plan.
b. That the variance would be in harmony with the general
purposes and intent of this Chapter.
C. That the plight of the landowner is due to circumstances
unique to the property not created by the landowner.
d. That the purpose of the variance is not exclusively economic
consideration.
e. That the granting of the variance will not alter the essential
character of the neighborhood in which the parcel of land is
located.
f. That the requested variance is the minimum action required
to eliminate the practical difficulty.
3. Variances may not be approved for any use that is not allowed
under this Chapter for property in the Zoning District where the
land is located.
4. The Planning Commission, in the case of a major variance, and
based upon a report and recommendation by the City staff, shall
have the power to advise and recommend such conditions related
to the variance regarding the location, structure, or use as it may
deem advisable in the interest of the intent and purpose of this
Chapter.
5. The City Council shall in granting any variance under the provisions
of this Section designate any conditions in connection therewith as
will, in its opinion, secure substantially the objectives of the
regulations or provisions to which the variance is granted, as to
light, air, and the public health, safety, comfort, convenience and
general welfare.
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Section 4. Section 20-6-3.2.a of the Zoning Ordinance is hereby amended to
read as follows:
a. Cases where practical difficulties to existing buildings or
platted property are created as a result of public action or
change in City Code standards (exception: floodplain,
shoreland, wetland, and/or wild and scenic river regulations).
Section 5. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY: CM SCHARBER
SECOND BY: CM SCHROEDER
ALL IN FAVOR: MAYOR STOCKAMP; COUNCILMEMBERS: HEIDNER, SCHROEDER, SCHARBER AND
DARKENWALD
THOSE OPPOSED:
NONE
ADOPTED by the City Council of the City of Otsego this 26th day of
September, 2011.
ATTEST: i?Qk Q
Tami Loff, City Clerk
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CITY OF OTSEGO