Loading...
HomeMy WebLinkAbout0882ORDINANCE NO. 882 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE, THE ZONING ORDINANCE, CONCERNING VARIANCES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1 . Section 11 -6 -1 of the Lakeville City Code is amended to provide as follows: 11 -6 -1: PURPOSE: The purpose of this chapter is to provide for deviations from the literal provisions of this title in instances where their strict enforcement would cause practical difficulties because of 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 title. SECTION 2 . Section 11 -6 -5 of the Lakeville City Code is amended to provide as follows: 11 -6 -5: REVIEW CRITERIA: The board of adjustment shall not approve any variance request (major or minor) unless they find failure to grant the variance will result in practical difficulties. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by this section. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The following criteria must also be met: 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 Title. C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. 157944v02 RNK:r06 /27/2011 D. That the purpose of the variance is not exclusively economic considerations. 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. G. Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person's land is located. SECTION 3 . Section 11- 6- 7A.l.b (1) of the Lakeville City Code is amended to provide as follows: (1) Cases where practical difficulties to existing buildings or platted property are created as a result of public action or change in ordinance standards. SECTION 4 . This Ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this 18"' day of July, 2011. CITY OF LAKEVILLE BY: 144.', - r� Mark Bellows, Mayor ATTEST: AaL4� Charlene Friedges, City lerk 1s7944v02 RNK:r06 /27/2011 2 PUBLIC NOTICE ORDINANCE NO. 882 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE, THE ZONING ORDINANCE, CONCERNING VARIANCES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 11-6-1 of the Lakeville City Code is amended to pro- vide as follows: 11-6-1: PURPOSE: The purpose of this chapter is to provide for deviations from the literal provisions of this title in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the indi- vidual 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 title. SECTION 2. Section 11-6-5 of the Lakeville City Code is amended to pro- vide as follows: 11-6-5: REVIEW CRITERIA: The board of adjustment shall not approve any variance request (major or minor) unless they find failure to grant the variance will result in prac- tical difficulties. "Practical difficul- ties" means that the property owner proposes to use the property in a rea- sonable manner not permitted by this section. Economic considerations alone do not constitute practical diffi- culties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The following crite- ria must also be met: A. That the variance would be con- sistent with the comprehensive plan. B. That the variance would be in harmony with the general purposes and intent of this Title. 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 consider- ations. 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. G. Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person's land is located. SECTION S. Section 11-6-7A.1.b (1) of the Lakeville City Code is amended to provide as follows: (1) Cases where practical difficul- ties to existing buildings or platted property are created as a result of pub- lic action or change in ordinance stan- dards. SECTION 4. This Ordinance shall be effective immediately upon its pas- sage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this 18th day of July, 2011. CITY OF LAKEVILLE BY: Mark Bellows, Mayor ATTEST: Charlene Friedges, City Clerk 2693266 7/28/11 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF DAKOTA Tad Johnson, being duly sworn on oath says that he is the managing editor of the newspaper(s) known as The Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper(s) has/have complied with all of the requirements constituting qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper(s) and was printed and published once a week for one week; it was first published on Thursday, the 28th day of July, 2011, and was therefore printed and published on every Thursday to and including Thursday, the 28th day of July, 2011, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijkl mnopgrstuvwxyz %24, Managing Editor Subscribed and sworn to before me on this 28th day of July, 2011 Notary Public JANICE ROSE SCOTT Notary Public -Minnesota My Ccmmisson Expires Jan 31, 2014 2693266