HomeMy WebLinkAbout14.C. Amendment to the City Code Regarding Recording Variances-Ord. No. 694
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CITY OF SHAKOPEE I
Memorandum
CASE LOG NO.: 03-125 C. O. "I~',JS' E.: ~~T.
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TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Amendment to City Code Section 11.89, Subd. 8
MEETING DATE: January 20,2004
INTRODUCTION:
Section 11.89 of the City Code requires variances to abstract property to be recorded with the Scott
County Recorders Office. In practice, the city has not been recording variances (to either torrens or
abstract property). The City Attorney has advised that variances are not required by state statute to be
recorded. Staffhas prepared a text amendment that proposes variances not need to be recorded with
Scott County, but that the City be responsible for maintaining records of variances for current and
future property owners.
ALTERNATIVES:
1. Approve Ordinance No. 694, approving the text amendment as presented.
2. Approve Ordinance No. 694, approving the text amendment with revisions.
3. Do not approve the proposed amendment.
4. Table the matter for additional information.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed the proposed amendment at its January 8, 2004, meeting. The
Commission has recommended approval of the proposed amendment as presented. A copy of the staff
report from the January 8 Commission meeting is attached for the Council's reference,
ACTION REQUESTED:
Offer and pass a motion to approve Ordinance No. 694, amending City Code Sec. 11.89, Subd. 8 as
presented.
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J e Khma
P anner II
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ORDINANCE NO. 694, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 11.89 VARIANCES
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
Section 1 - That City Code Chapter 11, Zoning, Sections 11.89 is hereby amended
by adding the language which is underlined and deleting the language which is
struckthrough.
Subd.8. Recording. A copy of the variance shall be :filed by the City '.vith the Scott
County Recorder ifthe yariancc applies to abstract property. The T/ariance shall contain a
legal description ofthe property affected maintained in the city's records but shall not be
required to be recorded at the Scott County Recorders Office.
Section 2 - - Effective Date. This ordinance becomes effective from and after its
passage and publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held the day of , 2004.
Mayor of the City of Shako pee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of , 2004.
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CITY OF SHAKOPEE
Memorandum
CASE LOG NO.: 03-125
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Amendment to City Code Section 11.89, Subd. 8
MEETING DATE: January 8, 2004
DISCUSSION
Section 11.89 of the City Code sets forth the requirements governing the process and
terms of variances. Subd. 8 ofthat section reads as follows:
Subd.8. Recording. A copy of the variance shall befiled by the City with the Scott
County Recorder if the variance applies to abstract property. The variance shall contain
a legal description of the property affected.
The City has not been recording variances with Scott County, either torrens or abstract
property. The City Attorney has stated that there is no provision in Minnesota State
Statutes requiring the recording zoning variances. The City Attorney further stated that
so long as zoning variances are maintained in city records, that there is no need to record
the variances with the County Recorders Office.
Given that information, staff has prepared a text amendment to revise the language in
Section 11.89, Subd. 8 to reflect that direction.
Language which is struokthrough is proposed for deletion. Language which is underlined
is proposed for addition.
Subd.8. Recording. A copy of the variance shall be filed by the City '.vith the Soott
County Reoorder if the varianoe applies to abstract property. The variance shall contain a
legal description of the property affeoted maintained in the city's records but shall not be
required to be recorded at the Scott County Recorders Office.
City Code states that the City Council may grant a zoning ordinance amendment when it
finds that one or more ofthe following criteria exists. Staffhas prepared draft findings for
the Board's consideration:
Criteria #1 That the original zoning ordinance is in error;
Finding #1 The original zoning ordinance is in error, The existing language does not
require the recording of all variances, only specific variances depending
upon property type, Therefore, the requirement is inconsistent
Criteria #2 That significant changes in community goals and policies have taken
place;
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Finding #2 Significant changes in community goals and policies have not taken place.
Rather, the proposed language clarifies the established practice of the City.
Criteria #3 That significant changes in City-wide or neighborhood development
patterns have occurred; or
Finding #3 Significant changes in development patterns have not occurred.
Criteria #4 That the Comprehensive Plan requires a different provision.
Finding #4 The proposed amendment does not conflict with the policies outlined in the
Comprehensive Plan.
ALTERNATIVES
1. Recommend to the City Council approval of the proposed text as presented.
2. Recommend to the City Council approval of the proposed text amendment with
reVISIons.
3. Do not recommend to the City Council the approval of the proposed amendment.
4. Continue the public hearing and request additional information from staff.
5. Close the public hearing, but table the matter and request additional information.
STAFF RECOMMENDATION
Offer a motion to recommend to the City Council the approval of the proposed
amendment and move its adoption.
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