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2003.09.08 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY September 8, 2003 7:00 p.m. Crystal City Hall — Council Chambers 4141 Douglas Dr N A. CALL TO ORDER B. APPROVAL OF MINUTES • August 11, 2003 meeting C. PUBLIC HEARINGS 1. Consider Application 2003-10 for a Variance to increase the maximum rear yard structure coverage from 30% to 52%, including an accessory parking space 4' wider than permitted and a driveway 2' wider than permitted, at 3549 June Avenue North. 2. Consider Application 2003-11 for a Variance to establish the minimum front setback at 60' from the centerline of the street instead of 30' from the front lot line to allow construction of an attached garage at 3444 Yates Avenue North. D. OLD BUSINESS E. NEW BUSINESS 1. Discuss preliminary draft of the new Zoning Ordinance: Administration; Zoning Map. F. GENERAL INFORMATION G. OPEN FORUM H. ADJOURNMENT CRYSTAL PLANNING COMMISSION August 11, 2003 A. CALL TO ORDER Page I of 3 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, K. Graham, T. Graham, Krueger, Nystrom, Sears, and VonRueden. Also present were the following: Planner Sutter and Community Development Assistant Dietsche. Absent was the following: Strand. B. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the July 14, 2003 meeting with no exceptions. Motion carried. C. PUBLIC HEARINGS 1. Consider a variance to allow two accessory parking spaces at 6526 59th Ave N (continued from the July 14, 2003 meeting). Planner Sutter summarized the staff report and stated that staff recommended denial of a variance to allow the applicant's original request for two accessory spaces at the property. However, staff has prepared an alternative that balances the intent of the ordinance with the shortness of the driveway and recommends approval of staff alternate 93 based on the suggested findings of fact in the staff report. Commissioner T. Graham questioned why the Planning Commission should grant staff s proposed alternate, if the property owner wasn't interested in pursuing any other configuration than what was originally submitted in his application. The Planning Commission was frustrated that the applicant was not present at the public hearing to answer their questions. Planner Sutter stated that staff did attempt to contact the applicant to discuss staff s alternate, but received no response. Commissioner Davis stated that staff s alternate allows for additional parking as requested, but will also prevent the applicant from having to pave in the right-of-way to access the additional parking space on the property. Commissioner VonRueden agreed that staffs alternate #3 is a good compromise with the applicant's request for additional parking. Planner Sutter reminded the Planning Commission that staff s alternate #3 will limit the amount of driveway pavement on the property, but would not limit how many cars could be parked on the site, as long as they are parked on a hard surface. Commissioner K. Graham commented that some of the Planning Commission seemed too concerned as to why the applicant could not attend the public hearing and that the Planning Commission should not let the applicant's absence influence their decision in Page 2 of 3 determining the best use of the property. She also pointed out that if there isn't enough space for residents to park vehicles on a paved surface at their property, residents will just end up parking their vehicles on the grass, which would have a more negative impact on the neighborhood. Moved by Commissioner Davis and seconded by Commissioner T. Graham to close the public hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Krueger to recommend to the City Council to deny Application 2003-08 for a variance to allow two accessory parking spaces at 6526 59`x' Ave N as requested by the applicant. Findings of fact are as stated in the staff report. Motion carried 6-1 with K. Graham, T. Graham, Krueger, Nystrom, Sears, and VonRueden voting aye and Davis voting nay. - Moved by Commissioner Davis and seconded by Commissioner Nystrom to recommend to the City Council to approve Application 2003-08 for a variance to allow staff alternate #3 as stated in the staff report. Findings of fact are as stated in the staff report. Motion carried 5-2 with Davis, K. Graham, Nystrom, Sears, and VonRueden voting aye and T. Graham and Krueger voting nay. D. OLD BUSINESS E. NEW BUSINESS The Planning Commission discussed driveway standards as they relate to the new Zoning Ordinance. 2. Planner Sutter and the Planning Commission discussed a preliminary draft of the new zoning ordinance (performance standards and parking requirements). F. GENERAL INFORMATION G. OPEN FORUM 11, ADJOURNMENT Moved by Commissioner Nystrom and seconded by Commissioner Krueger to adjourn. Motion carried. The meeting adjourned at 8:15 p.m. Chair VonRueden Se re �ystrom/ Page 3 of 3 M E M O R A N D U M DATE: September 3, 2003 TO: Planning Commission (September 81h meeting) FROM: ��John Sutter, Planner and Redevelopment Coordinator SUBJECT: Public Hearing: Consider Application 2003-10 for Variances at 3549 June Avenue North to increase the maximum rear yard structure coverage and allow a driveway to be 6' wider than permitted. A. BACKGROUND The subject property is guided Low Density Residential and zoned R-1 Single Family Residential. It is a 40' wide x 128' deep lot on the west side of June Avenue with an alley to the rear. In addition to a single-family house, the property has several accessory structures including a two -car garage, shed, patio, deck and sidewalks. The applicant wishes to install a driveway 2' wider than the 20' wide garage and an accessory parking space 4' wider than the 10' maximum width necessary for one space. The total driveway width proposed is 36' which is 6' wider than the 30' maximum width. To proceed with the project as proposed, the property owner would need to receive variances to increase the rear yard structure coverage and allow the oversized driveway and accessory space. The following exhibits are attached: 1. plat map showing the location of the subject property; 2. aerial photo showing the location of the subject property; 3. applicant's narrative; 4. applicant's proposal (sketch and coverage calculation sheet); 5. staff's recommendation (sketch and coverage calculation sheet). B. STAFF COMMENTS A variance from the maximum rear yard coverage is reasonable due to the small rear yard area which results from the narrowness of the lot. Consistent with previous city findings of undue hardship on similarly configured properties at 3513, 3516 and 3520 Kyle, staff is recommending a coverage limit of 50% which would accommodate existing structures plus a 20' wide driveway and a 10' accessory parking space. City code allows a driveway leading directly to the garage plus one accessory parking space alongside the driveway. The garage width of 20' plus an accessory parking space width of 10' would yield a total driveway width of 30'. The applicant wants to install a driveway with a total width of 36'. The applicant has stated that she only intends to park three cars and the purpose of the 6' of additional width is to allow space for walking between the cars. While this may be her intent, a 36' wide driveway would in fact be wide enough to park four cars (based on _ the city's 9' minimum parking space width). Furthermore, the necessary walking space would exist on a 30' wide driveway. Specifically, only 18' would be needed for the cars (6' width per car); this would leave 12' of clear space for walking between the cars. There is no undue hardship in this case, only a preference for something beyond what is permitted. The fact that the property owner does not want to comply with the code does not justify a variance from the code. If the requested variance is granted, then the city's limitations on the width of driveways would be meaningless. C. SUGGESTED FINDINGS OF FACT The Zoning Ordinance (Crystal City Code 515.56 Subd. 5) and state law have a three- part test for determining whether a variance can be granted. A finding of undue hardship requires that all three criteria be met. The three-part test is as follows: (1) the property in question cannot be put to a reasonable use if used as required by this Zoning Code; and (2) the plight of the landowner is due to circumstances unique to the property and not created by the property owner; and (3) the variance, if granted, will not alter the essential character of the locality. 1. Suggested findings applicable to the Variance requested to increase the maximum rear yard coverage. a. For Approval. Strict application of the 30% maximum rear yard structure coverage in this particular case would constitute an undue hardship because all three of required criteria would be met. Specifically: ❑ The property in question cannot be put to a reasonable use if used as required by this Zoning Code. If the variance is not granted, the property owner will be denied reasonable use of the property. Most Crystal lots can accommodate accessory structures such as garages, driveways and a deck and still comply with the 30% maximum rear yard coverage. Strict application of the ordinance in the case of the subject property would prevent the property from being put to a reasonable use because such reasonable and customary accessory structures would not be permitted. ❑ The plight of the landowner is due to circumstances unique to the property and not created by the property owner. The plight of the landowner is the result of the property's small size and alley access. ❑ The variance, if granted, will not alter the essential character of the locality. Having garages, driveways and decks completely within the rear yard is the standard form of development on properties served by alleys. The site sketch and coverage calculations show that a 50% VARIANCES - LOT COVERAGE & DRIVEWAY WIDTH - 3549 JUNE 2 limit on the subject property would result in rear yard open space typical for alley -served properties. b. For Denial. Because staff believes that all three criteria are met in this case, we can offer no suggested findings of fact to deny. 2. Suggested findings applicable to the Variance requested to allow a driveway to be 6' wider than permitted. a. For Approval. Because staff believes that none of the three criteria are met in this case, we can offer no suggested findings of fact to approve. b. For Denial. Strict application of the limitations on driveway width would not constitute an undue hardship in this particular case because none of the three required criteria are met. Specifically.- The pecifically: The property in question can be put to a reasonable use if used as required by this Zoning Code. The 30' total driveway width allowed by the ordinance would accommodate the three cars permitted by the ordinance plus sufficient space between them for walking. ❑ The plight of the landowner is not due to circumstances unique to the property. The same standard is applied to homes throughout the city and there is nothing unique about the property that makes an additional 6' of driveway necessary to accommodate the parking allowed by the ordinance. There is no plight here other than the applicant's desire for a driveway 6' wider than what is permitted. ❑ The variance, if granted, will alter the essential character of the locality. A 36' wide driveway will look and feel like four parking spaces whether or not the current owner uses it for that purpose. D. RECOMMENDATION Staff recommends approval of a Variance to increase the maximum rear yard structure coverage from 30% to 50% at 3549 June Avenue North, based on the Findings of Fact in Section C(1) above. 2. Staff recommends denial of a Variance to allow a driveway to be 6' wider than permitted, based on the Findings of Fact in Section C(2) above. The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council would consider the recommendation at its next regular meeting on September 16tH VARIANCES - LOT COVERAGE & DRIVEWAY WIDTH - 3549 JUNE 3 p & , Kel C4 4.9 40 9 2 Sr25 1 60 _171.4k -1layl .4 5 Ye 17).6ID 11,1.5 A 5 .4 292 V;1 4 29 1740 VALLEY 4( fil .41)f4.?f J4 2* TW-� JTl. 114. r.. Z. L 28 27 1tDd4 2, 27 4 4 4 fz&zz26 Nf d3 llztzz5 < 26 z �i 13 .9 r,7 '.% — 19 0 L � ZA zi 6 2 mom'.4 25 I ? ,zfzW � [52.45 8 Kl_ -(zj. Z,7go) 7 _190 Ul LLJ 19 3 ------ I IB 3 23 r" ; 22 " F 9 T ", 147i 9 Zto IiZjj7?-2 .1417 9 ju/4 21 lu 9 10 1.0 120 10 5 Zoo 10 i21.1520 �U.,, 11 r.r1II r '1111 Ib(411) 13 11,11 Is SO13 13 1.1117 12 Z 14 17 'R = 14 14 35th 14 < 14 �I X30 JIM 14 4 tZiAk 11"I 4 2 173.7 iJ 4"'iSt 14 LA j l. s7ft's > 29 11 1A.5 3 W > U. 0 ). 1 3 Qr )ZIL,42 4,4274 26 5 U,12 L -'lt •15 5 161.1 a z 9 Q cr taj 25 ,U,z 6 'U,225W / 2424 I Z10 7 7 jfA /I$ 1 17 __9 Z7." 11 I 1p 2 3 7v 2 it'117 2 Z. 19 �J 24, j)p 17. I'l i il- I Zl.?5 j A 715 7i 0 20�,l II Z 17 lu 14 EjUSI 94#1-L , EU ' z 14 z 14 A - 6 4 15 .4 5 A 5 .4 4 CITY OF GOLDEN VALLEY 4( fil .41)f4.?f J4 2* TW-� JTl. 114. r.. Z. L 20 1 14 121 z 33.5 zir. 4 144.4 Nf d3 z �i 13 .9 r,7 '.% — 19 0 L 7.4 3 2 20 2 mom'.4 [52.45 8 Kl_ 137.75 Ul LLJ 19 3 ------ I IB 3 3 d _j 4.1 1 1 1 13 9. 5 19 )b 8 is Z r � � .1 A I I I I ! I I I I I I I I I i KW-1 I lip - AP 01c, - CIO SIM mms Calculation for Rear Yard Accessory Buildings & Structures as Requested by Applicant Permit Number: Address: 3549 June Ave N Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 939.00 1607.63 (668.63) rearyardcoverage-requested-09.08.03.xls 09/03/2003 Rear Lot Dimensions Length Width Sq. Ft. 1 78.25 40.00 3130.00 Maximum Structure Coverage in Rear Yard max. coverage Line 1 max. Sq. Ft. 2 30% 3130.00 939.00 Existing Structures in Rear Yard Length Width Total Sq. Ft. 3 22.00 20.00 440.00 garage 4 9.50 10.00 95.00 shed 5 12.50 8.00 100.00 patio 6 26.00 3.00 78.00 sidewalk 7 36.25 2.50 90.63 sidewalk 8 10.50 8.00 84.00 2nd floor deck 9 0.00 10 0.00 11 0.00 12 0.00 13 Existing .............................. 887.63 Proposed Structures in Rear Yard Length Width Total Sq. Ft. 14 20.00 36.00 720.00 new driveway 15 0.00 16 0.00 17 0.00 18 0.00 19 0.00 20 0.00 21 0.00 22 0.00 23 0.00 24 Proposed ........................... 720.00 Existing Structures to be Removed Length Width Total Sq. Ft. 25 0.00 26 0.00 27 0.00 28 0.00 29 0.00 30 to be Removed .................... 0.00 Calculation of Total Coverage after Project Completion 30 Existing [+ Line 13] ................ 887.63 31 Proposed [+ Line 24] ............. 720.00 32 SUBTOTAL ......................... 1607.63 33 to be Removed [- Line 30]....... 0.00 34 TOTAL ............................... 1607.63 as a%: 51.4% Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 939.00 1607.63 (668.63) rearyardcoverage-requested-09.08.03.xls 09/03/2003 .S� _ �_ .-- � � �� _ (b O r' `.1��_ �� Calculation for Rear Yard Accessory Buildings & Structures as Recommended by Staff Permit Number: Address: 3549 June Ave N rearyardcove rage-recommen ded-09.08.03.As 09/03/2003 Rear Lot Dimensions Length Width Sq. Ft. 1 78.25 40.00 3130.00 Maximum Structure Coverage in Rear Yard max. coverage Line 1 max. Sq. Ft. 2 30% 3130.00 939.00 Existing Structures in Rear Yard Length Width Total Sq. Ft. 3 22.00 20.00 440.00 garage 4 9.50 10.00 95.00 shed 5 12.50 8.00 100.00 patio 6 26.00 3.00 78.00 sidewalk 7 36.25 2.50 90.63 sidewalk 8 10.50 8.00 84.00 2nd floor deck 9 0.00 10 0.00 11 0.00 12 0.00 13 Existing .............................. 887.63 Proposed Structures in Rear Yard Length Width Total Sq. Ft. 14 20.00 30.00 600.00 new driveway 15 0.00 16 0.00 17 0.00 18 0.00 19 0.00 20 0.00 21 0.00 22 0.00 23 0.00 24 Proposed ........................... 600.00 Existing Structures to be Removed Length Width Total Sq. Ft. 25 0.00 26 0.00 27 0.00 28 0.00 29 0.00 30 to be Removed .................... 0.00 Calculation of Total Coverage after Project Completion 30 Existing [+ Line 131 ................ 887.63 31 Proposed [+ Line 24] ............. 600.00 32 SUBTOTAL ......................... 1487.63 33 to be Removed [- Line 30] .... 0.00 34 TOTAL ............................... 1487.63 as a %: 47.5% Remaining Rear Yard Sq. Ft. Available after Project Completion + Line 2 - Line 34 Remaining 35 939.00 1487.63 (548.63) rearyardcove rage-recommen ded-09.08.03.As 09/03/2003 M E M O R A N D U M DATE: September 3, 2003 TO: Planning Commission (September 8th meeting) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJECT: Public Hearing: Consider Application 2003-11 for a Variance to replace the 30' minimum setback from the front lot line with a 60' minimum setback from the center line of the street at 3444 Yates Avenue North. A. BACKGROUND The subject property is guided Low Density Residential and zoned R-1 Single Family Residential. It is a 70' wide x 133' deep lot on the east side of Yates Avenue. The property has two unique characteristics: (1) The rear yard is approximately 6' lower than the front yard with most of the slope occurring immediately alongside the house, and (2) the front lot line does not follow the curve of the street as is typically the case. There is currently no garage on the property. The applicant wishes to build an attached two car garage and is asking that the 30' minimum setback from the front lot line be replacer' by a 60' minimum setback from the center line of the street. This would allow them to shift the garage forward and reduce the portion of it in the steeply sloping area. The following exhibits are attached: 1. plat map showing the location of the subject property; 2. aerial photo showing the location of the subject property; 3. sketch showing existing conditions with existing front setback; 4. sketch showing existing conditions with requested front setback; 5. sketch showing a garage construction scenario. B. STAFF COMMENTS The steep slope creates the undue hardship on the subject property, but it is the fact that the front lot line does not follow the curve of the street sets it apart from other properties in Crystal. Either of these factors alone might not justify the requested variance, but taken together they meet all three criteria for an undue hardship requiring a variance from the Zoning Ordinance. The requested variance would allow a garage to project approximately 14' in front of the existing house at 3444 Yates. However, it would still be approximately 10' behind the forward -most part of the house to the north (3450 Yates). Visually, the new garage at 3444 Yates would reinforce the pattern created by the curving street. C. SUGGESTED FINDINGS OF FACT The Zoning Ordinance (Crystal City Code 515.56 Subd. 5) and state law have a three- part test for determining whether a variance can be granted. A finding of undue hardship requires that all three criteria be met. The three-part test is as follows: (1) the property in question cannot be put to a reasonable use if used as required by this Zoning Code; and (2) the plight of the landowner is due to circumstances unique to the property and not created by the property owner; and (3) the variance, if granted, will not alter the essential character of the locality. Suggested findings applicable to the Variance requested to replace the 30' minimum setback from the front lot line with a 60' minimum setback from the center line of the street at 3444 Yates Avenue North. a. For Approval. Strict application of the 30' minimum setback from the front lot line in this particular case would constitute an undue hardship because all three of required criteria would be met. Specifically: ❑ The property in question cannot be put to a reasonable use if used as required by this Zoning Code. The topography of the site denies the landowner reasonable use of the property because it makes construction of an attached garage alongside the house or a detached garage behind the house extremely difficult. ❑ The plight of the landowner is due to circumstances unique to the property and not created by the property owner. The plight of the landowner is the result of the unusually steep slope in the only area where either an attached garage or a driveway leading to a detached could be built. ❑ The variance, if granted, will not alter the essential character of the locality. The requested variance would make the setback follow the curve of the street at a distance consistent with the rest of the block. b. For Denial. Because staff believes that all three criteria are met in this case, we can offer no suggested findings of fact to deny. D. RECOMMENDATION Staff recommends approval of a Variance to replace the 30' minimum setback from the front lot line with a 60' minimum setback from the center line of the street at 3444 Yates Avenue North, based on the Findings of Fact in Section C(1) above. The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council would consider the recommendation at its next regular meeting on September 16tH VARIANCE - FRONT SETBACK TO FOLLOW STREET INSTEAD OF LOT LINE - 3444 YATES 2 mry &OPM _ 010 _.._. 2"731. ! Fees........._ 'AL t ADD. A KE'S 2 3 19 r a A D. ao 4 - 13'rf. I .3 'ROURT A. 1 pOSEDPLE I -;JOHms ADD. 134.85 � /34. 8�1 � 1 WIDE A`*, PARK y (fi r 11) 13'4, S N 134. E2 �+ () 970} E*'kAUF F AN'14' 7z 3 .Ha 134 /447 w I 4TH �. A�O. 8 ` x /4-5. 54 /34, 80 r-STONE9URNER W .. �031 Pn I ADD. 2 (rc9t � /45.9. /45.96 13-f-, T6 2 1 !3473 ;,BENSON, ADO. ^ 14 / ¢77 C 70 //93 s) ACRESzd 7,js, (1155) 13 )l4 C113� Ac�� 8jo) I• 4 (/bar 13 i ie IO 7 0 Ois • e _� i3 t .03 122.21 1732 .O L L I 1 Y 7 60 • ze A; I 7 • „�,, ti r i Vis. 'AL t ADD. A KE'S 2 A D. ao 4 - pOSEDPLE (fi r 11) n () 970} /447 w I 8 /4-5. 54 .. �031 Pn (rc9t � /45.9. /45.96 w 14 C S, 2 3 S4 7 Z (1155) 13 /82i� C113� Ac�� 8jo) I• 4 (/bar 13 -7 7s 7a 1G0 e _� i3 t .03 122.21 1732 .O L 32 3 .31 2 31 44 C X� o 0 0 m 30 r o s _Z D 25 (�281 �' mu w/E. i swn m CoN.DnToNs O Lr) .� ° 177 �� — DRAINAGE 5.00 ! I i 1 Stree _ Doc. No. + '\ W , G M - 941, 0 0 0 r S 84°4124 E UTILITJ EASEMENT- �r__ A SETBAt f j,' LIN` r ! f� �,�'#•7 ' ., SNOW . Auth lin Lot 18� 3o Fieo� Low ®r .. IRM SeTBACK \t `n ''� —� 177 ' � _ —~` —� — D�AINAGECID 4c 32.01 _ p }� UTILIT EASEMENT-- — r-� — i O 8.9 7 1 I r SETBAP LINE# � � t }� z Stree� Doc.• y 10 r � 5.00 { , -' 7 r - 64 Q t- 30.64 — - 0 0 w4 94 i r i t 1 i' i ` 2 { 6°41�2� E i AA a ; south line ! Maim • Lot 18' sE w \-FKLoP4T .S1!7r&rt Ul46' (IF VAPJAIJCE IS G tor I.rNe- &AIZA(9C Cc-ksinz.V..,c-T-'jC)psj S \\ 5.00 - POH 4, , Y /"W 00 GPM C--fw'/)ge south lin Lot 18� n No CMI a -t ONOM FftmT I 5 C or t.4r W ' w E�rtgrr S, "PMM NMI17 — — AINAGE r- ! 45.75 --------- 27.29 ( UTILITJ -- —i EASEMtNT-- --- — — 8.17 i f \ r... I )22.0 � i ! t —44.29; SETBAPI LINE 1 7 6.08 Street Doc.- No. p Ld 1 f 1.39 \ / 10 ^ 37.39 94 5.00 - POH 4, , Y /"W 00 GPM C--fw'/)ge south lin Lot 18� n No CMI a -t ONOM FftmT I 5 C or t.4r W ' w E�rtgrr S, fnn y�0 3 - .......... L LYY\P 6 s ku � b i s a P -e- OY\ I J n �+-�- i -344 CGd i✓1 " 4 I o r -Ar " s�CA2�q- r( C, 'SPGrG ( Lk, 4,- ' (- -J� , , j, , oy-ac'4A C�-� At ccxr�e'j— cejr C:4?�g 515.53. Administration - Amendments and Conditional Use Permits. Subdivision 1. Procedure a) Request for amendments or conditional use permits, as provided within this Code, shall be filed with the City Clerk on an official application form. Such application shall be accompanied by a fee as outlined in Section 1015 of the City Code. Such application shall also be accompanied by 20 copies of detailed written and graphic materials fully explaining the proposed change, development, or use. The City Clerk shall refer said application, along with all related information, to the City Planning Commission for consideration and a report and recommendation to the City Council. b) The Planning Commission shall consider the request at its next regular meeting unless the filing date falls within 15 days of said meeting, in which case the request shall be placed on the agenda and considered at the next scheduled regular meeting. The City Clerk shall refer said application along with all related information to the City Planning Commission at least ten days prior to the regular meeting. ( CA fre� ) Crystal City Code (Zoning) 515.53, Subd. 1 c) C) The applicant or a representative thereof may appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use. d) The amendment or conditional use application shall be referred to the City staff for a report and recommendation to be presented to the Commission. A preliminary draft of the City staffs report and recommendations shall be given to the City Planning Commission at least ten days prior to the meeting at which said report and recommendations are to be presented. The final report and recommendations of the City staff is to be entered in and made part of the permanent written record of the Planning Commission meeting. e) The Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors: 1) Relationship to municipal comprehensive plan. 2) The geographical area involved. 3) Whether such use will tend to or actually depreciate the area in which it is proposed. 4) The character of the surrounding area. 5) The demonstrated need for such use. f) The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Code. g) The Planning Commission shall set a date for a public hearing. Notice of such hearing shall be publish1-3 in conformance wit the state law and individual notices, if it is a district change or conditional use permit request, shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property, according to the City assessment records, within 350 feet of the parcel included in the request. h) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Code. i) The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the Code. Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff. j) The City Council shall not grant a conditional use permit until they have received a report and recommendation from the Planning Commission and the City staff or until 60 days after the first regular Planning Commission meeting at which the request was considered. k) Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Council shall place the report and (cU�+l ,,-ON Crystal City Code (Zoning) 515.53, Subd. 2 (Rev. 1990) recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. 1) Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and shall impose any condition it considers necessary to protect the public health, safety and welfare. m) (Repealed, Ord. No. 90-5, Sec. 4) n) The City Clerk shall notify the applicant of the Council's decision in writing. Subd. 2. Amendments - Initiation. The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this Code. Any person, owning real estate within the City, may initiate a request to amend the district boundaries or text of this Code so as to affect the said real estate. Subd. 3. Conditional Use Permits. a) Purpose. The purpose of a conditional use permit is to provide the City of Crystal with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite of consideration in determining the effect of such use on the general welfare, public health, and safety. b) Reconsideration. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than five -sevenths vote of the City Council. C) Lapse of Conditional Use Permit by Non -Use. Whenever within one year after granting a conditional use permit the work as permitted by the permit shall not have been completed, then such permit shall become Crystal City Code (Zoning) 515.56 (Rev. 1990) null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the City Clerk at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. d) Performance Bond. 1) Except in the case of non -income producing residential property, upon approval of a conditional use permit the City shall be provided with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the conditional use permit and the codes of the City. 2) The security shall be in the amount of the City Engineer's or City Building Inspector's estimated costs of labor and materials for the proposed improvements or development. Said project can be handled in stages upon the discretion of the City Engineer and Building Inspector. 3) The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and codes of the City has been issued by the City Building Inspector. 4) Failure t. comply with the conditions of the conditional use permit and/or the codes of the City shall result in forfeiture of the security. I%..- 515.55. (Repealed, Ord. No. 90-5, Sec. 3) 515.56. (Added, Ord. No. 90-5, Sec. 2) Administration Variances and Appeals. Subdivision 1. Board of Adjustment and Appeals. The Planning Commission is a Board of Adjustment and Appeals as provided by law, and is referred to in this Subsection as "the Board". Subd. 2. Records. Written reports and recommendations to the Board from City staff must be entered in and made part of the permanent written record of the Board's proceedings. Subd. 3. Findings. In considering requests for a variance or an appeal, the City staff and the Board must make written findings of fact to determine if the proposed action will: ((-o nv,,4-) Crystal City Code (Zoning) 515.56, Subd. 4 (Rev. 1990) a) Impair an adequate supply of light and air to adjacent property. b) Unreasonably increase the congestion in public streets. C) Increase the danger of fire or otherwise endanger the public safety. d) Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this Zoning Code. Subd. 4. Variances: General Rule. After reviewing the written recommendations of the City staff the Board must consider requests for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and may approve the granting of variances where such an action will be in keeping with the spirit and intent of this Zoning Code. Subd. 5. Variances: Undue Hardship. For the purposes of Subdivision 4 the tern "undue hardship" means that: (i) the property in question cannot be put to a reasonable use if used as required by this Zoning Code; (ii) the plight of the landowner is due to circumstances unique to the property not created by the property owner; and (iii) the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute an undue hardship if a reasonable use for the property exists under this Zoning Code. Undue hardship includes inadequate access to direct sunlight for solar energy systems. Subd. 6. Variances: Other Rules. Variances must be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116106, Subdivision 2 when in harmony with this Zoning Code. The Board may recommend as a variance the temporary use of a one family dwelling unit as a two family dwelling. The Board may not recommend and the City Council may not permit as a variance any use that is not permitted for property where the affected person's land is located. Subd. 7. Variances: Conditions. The Board may recommend and the Council may impose conditions in the granting of variances to insure compliance and protect adjacent properties. Subd. 8. Appeals. The Board must, after receiving the written report of City staff, make written findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirement, decision or determination made by the Building Official in the enforcement of this Zoning Code. The appeal must be filed not later than 90 days after the applicant has received written notice from the Building Official. Subd. 9. Procedures. a) Requests for a variance or appeal must be filed with the City Clerk on an official application form. The applications must be accompanied by the fee specified in Appendix IV to the City Code. The application shall also be accompanied by 20 copies of detailed written and graphic materials necessary for the explanation of the request. Crystal Ci Code (Zoning) �' �' ( g) 515.56, Subd. 10 (Rev. 1990) b) The City Clerk must refer the application, together with related information, to City staff for a report and recommendation to the Board. C) Within 60 days after receiving the City staffs report and recommendations concerning a request for variance or an appeal, the Board must hold a hearing on the application. The Board must hear such persons as wish to be heard, either in person or in writing or by agent or attorney. Notice of the hearing must be mailed not less than ten days before the date of hearing to (i) the person or persons who filed the appeal or request, (ii) owners of property according to the City assessment records within 350 feet of the property to which the variance relates. d) Failure of a property owner to receive a notice does not invalidate the proceedings. e) The Board must make written findings of fact and approve or deny an application for a variance or . an appeal within 30 days after the public hearing on the application. f) A recommendation to approve or deny a variance or an appeal must be by a majority vote of the full Board. g) Actions on variances and appeals by the Board must be referred to the City Council for final action. h) The City Clerk must notify the applicant in writing of the decision of the Board. Subd. 10. Lapse of Variance of Appeal. If within one year final approval of a variance or appeal the work as permitted by the variance of appeal has not been completed, the variance or appeal will become null and void unless a petition for extension of time in which to compiete the work has been granted by the City Council. The extension must be requested in writing and filed with the City Clerk at least 30 days before the expiration of the variance or appeal. The request for extension must state facts showing a good faith attempt to complete the work permitted in the variance or appeal. The petition must be presented to the Board for decision. Subd. 11. Performance Bond. a) Except in the case of non -income producing residential property, upon approval of a variance or appeal the City must be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security must guarantee conformance and compliance with the conditions of the variance or appeal and the codes of the City. b) The security must be in the amount of the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements or development. rnw-r� +) i Crystal City Code (Zoning) 515.56, Subd. 12 (Rev. 1990) C) The City will hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance or appeal and codes of the City has been issued by the Building Official. d) Failure to comply with the conditions of a variance or appeal and the City Code results in forfeiture of the security. Subd. 12. Special Circumstances: No Variance. Where: a) a parcel of land in an R-1 District was a separate lot of record on February 15, 1976; and b) there exists on that land a structure which was on the land on February 15, 1976; and C) the existing non -conformity is less than 50% of the current ordinance requirements; and d) the land or the structure or either or both the land and structure are non -conforming within the meaning of Subsection 515.55; and e) the City Manager recommends to the Council in writing that the enlargement or expansion of the non -conforming use would not adversely affect the public health or safety; the enlargement or expansion of the non -conforming structure does not require a variance under the provisions of this Subsection if the structure after enlargement or expansion otherwise complies with all requirements of the City Code and the Zoning Code. 515.57. Administration - Certificate of Occu ancy. Subdivision 1. No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector stating that the building or structure complies with all of the provisions within this Code. Subd. 2. Application. Said certificate shall be applied for coincident with the application for a building permit, conditional use permit and/or variance and shall be issued within ten days after the Building Inspector shall have found the building or structure satisfactory and given final inspection. Said application shall be accompanied by a fee as outlined in Section 1015 of the Crystal City Code. Subd. 3. Exception. Construction performed pursuant to the provisions of Section 400 of the City Code shall not be subject to the requirement of a Certificate of Occupancy established by this Code. ((-V a_rr _�) Crystal City Code (Zoning) 515.59 (Rev. 1990) 515.59. Enforcement and Penalties. Subdivision 1. This Code shall be administered and enforced by the Building Inspector who is hereby designated as the Zoning Administrator. The Building Inspector may institute in the name of the City of Crystal any appropriate actions or proceedings against a violation as provided by statute, charter or code. Subd. 2. Penalties. Any person who violates any of the provisions of this Code shall, upon conviction thereof, be fined not more than $700 for each offense, or imprisoned for not more than 90 days, or both. Each day that a violation is permitted to exist shall constitute a separate offense. CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 09/04/03 515.01 General Provisions A. Title and Authority. 1. Title. This ordinance shall be known as the "Crystal Zoning Code" except as referred to herein where it shall be known as "this Code". 2. Authority. This Code is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Sections 462.351 to 462.363. B. Effective Date, Amendment and Repeal. 1. Effective Date. This Code is effective on 2004, in accordance with Subsection 110.11 of the City Code. 2. Amendment, Comprehensive. The Council intends this Code to be a comprehensive amendment to Section 515 of the City Code, as amended. Except as otherwise provided herein, the provisions of this Code are not intended to alter, diminish, or increase or otherwise modify any rights or liabilities existing on its effective date. Any act dl, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this Code is not affected by its enactment. 3. Repeal. - Section 515, as amended, of the Crystal City Code, embodied in Appendix 1 of the Crystal City Code of 1994, is repealed. C. Intent and Purpose. The intent of this Code is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing land development and use. This Code shall divide the City into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. Such regulations are established to protect such use districts; to promote orderly development and redevelopment; to provide adequate light, air, and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, setbacks and density of population; to provide for compatibility of different land uses; to provide for administration of this Code; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of City staff, Board of Adjustment and Appeals, Planning Commission and City Council in relation to the Zoning Code. Page 1 of 143 G:\PLANN1NG\Z0N10RD1\2002-03 Update\Sutter-2003-09-08.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 09/04/03 D. Relation to Comprehensive Municipal Plan. It is the policy of the City of Crystal that the enactment, amendment, and administration of this Code be accomplished with due consideration of the policies and recommendations contained in the Crystal Comprehensive Plan as developed and amended from time to time by the Planning Commission and City Council. E. Certificate of Occupancy Required. No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector stating that the building or structure complies with all of the provisions within this Code. 2. Said certificate shall be applied for coincident with the application for a building permit, conditional use permit and/or variance and shall be issued within ten days after the Building Inspector shall have found the building or structure satisfactory and given final inspection. Said application shall be accompanied by a fee as outlined in Section 1015 of the Crystal City Code. Construction performed pursuant to the provisions of Section 400 of the City Code and issued a Certificate of Occupancy under that section shall not be subject to the requirement for a Certificate of Occupancy established by this C—&& section. F. Enforcement and Penalties. This Cole section shall be administered and enforced by the Beteg inspee-ter Zoning Administrator. The Zoning Administrator shall be the Community Development Director. The Community Development Director may delegate the duties of Zoning Administrator to other city staff. who it her-eby de ign t aas�ii�. Zoning n A ,a + r The c.n Building inspeete Zoning Administrator may institute in the name of the City of Crystal any appropriate actions or proceedings against a violation as provided by statute, charter or code. 2. Penalties. Any person who violates any of the provisions of this Cede section shall, upon conviction thereof, be fined not more than $700 for each offense, or imprisoned for not more than 90 days, or both. Each day that a violation is permitted to exist shall constitute a separate offense. G. Application and Interpretation. Page 2 of 143 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-09-08.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 09/04/03 1. In their application and interpretation, the provisions of this Code shall be held to the minimum requirements for the promotion of the public health, safety and welfare. 2. Where the conditions imposed by any provisions of this Code are either more or less restrictive than comparable conditions imposed by any applicable state law or regulation or any City ordinance or resolution of any kind, the regulations that are more restrictive or which impose higher standards or requirements shall prevail. 3. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner that is not in conformity with the provisions of this Code. H. Uses not provided for within Zoning Districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and the determination as to conditions and standards relating to establishment of the use. The City Council, Planning Commission or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the Zoning Code to provide for the particular use under consideration or shall find that the use is not compatible for establishment within the City. I. Separability. It is hereby declared to be the intention of the City Council that several provisions of this Code are separable in accordance with the following: 1. If any court of competent jurisdiction shall adjudge any provision of this Code to be invalid, such judgement shall not affect any other provisions of this Code not specifically included in said judgement. 2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Code to a particular property, building or other structure, such judgement shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. Page 3 of 143 G:\PLANNING\Z0NI0RD112002-03 Update\Sutter-2003-09-08.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 09/04/03 515.05 Special Land Use Actions A. Administrative Appeal. Any person alleging that an error has occurred in any order, requirement, decision or determination made by the Zoning Administrator may appeal said order, requirement, decision or determination to the Planning Commission and City Council. 1. A request for Administrative Appeal shall be filed using the Request for Special Land Use Action application form available at City Hall. All required attachments and fees must be provided by the applicant prior to the application being considered complete. The Planning Commission and City Council will not consider incomplete applications. 2. Upon receipt of such request, the Zoning Administrator shall place the item on the Planning Commission agenda in accordance with the schedule available at City Hall. The Planning Commission shall hold a public hearing on the Administrative Appeal. At the public hearing, the applicant, the Zoning Administrator, and other interested parties may provide oral and written testimony to the Planning Commission. 4. The Planning Commission shall make written findings of fact and provide them to the City Council along with, a recommendation for action to be taken on the request. Any Planning Commission action on the request shall be considered advisory in nature. 5. Upon receipt of the Planning Commission's findings of fact and recommendation, the City Council may take action on the request. The City Council shall be considered the Board of Adjustment and Appeals as provided by law, and its action on the request shall be the final action taken by the city. 6. In the event that the Planning Commission delays action on the request to the extent that automatic approval would occur under M.S. 15.99, the City Council may take action on the request to prevent such automatic approval from occurring. In such cases, further consideration by the Planning Commission would be moot. B. Variance. Any person alleging that strict enforcement of specific provisions of this section would cause undue hardship because of circumstances unique to a particular property under consideration, may request a Variance from the Planning Commission and City Council. For the purposes of this section, the term "undue hardship" means that: (i) the property in question cannot be put to a reasonable use if used as required by this Zoning Code; (ii) the plight of the landowner is due to circumstances unique to the property not created by the property owner; and (iii) the variance, if granted, will not alter the essential character of Page 4 of 143 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-09-08.doc CITY OF CRYSTAL ZONING ORDINANCE— Working Draft 09/04/03 the locality. Economic considerations alone do not constitute an undue hardship if a reasonable use for the property exists under this Zoning Code. Undue hardship includes inadequate access to direct sunlight for solar energy systems. 2. When in harmony with this section, variances must be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.O6, Subdivision 2. 3. Variances may be granted for the temporary use of a one family dwelling unit as a two family dwelling. 4. Variances shall not be granted to allow any use that is not otherwise permitted by this section. 5. A request for Variance shall be filed using the Request for Special Land Use Action application form available at City Hall. If the applicant does not own the subject property, then the property owner must provide written consent for the application. All required attachments and fees must be provided by the applicant prior to the application being considered complete. The Planning Commission and City Council will not consider incomplete applications. 6. Upon receipt of such request, the Zoning Administrator shall place the item on the Planning Commission agenda in accordance with the schedule available at City Hall. 7. The Zoning Administrator shall send notice of the public hearing to the party listed as "taxpayer" for any properties wholly or partially within 350 feet of the subject property, based on records provided to the city by the Hennepin County Taxpayer Services Department. Said notice shall be sent via U.S. Mail no less than 10 days prior to the public hearing. Failure of a particular party to receive notice shall not invalidate the proceedings. The Planning Commission shall hold a public hearing on the Variance. At the public hearing, the applicant, the Zoning Administrator, and other interested parties may provide oral and written testimony to the Planning Commission. 9. The Planning Commission shall make written findings of fact and provide them to the City Council along with a recommendation for action to be taken on the request. The Planning Commission may recommend conditions for the granting of a Variance to ensure compliance with the purpose and intent of this section, and to protect adjacent properties. Any Planning Commission action on the request shall be considered advisory in nature. G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-09-08.doc Page 5 of 943 CITY OF CRYSTAL ZONING ORDINANCE— Working Draft 09/04/03 10. Upon receipt of the Planning Commission's findings of fact and recommendation, the City Council may take action on the request. The City Council's action may include conditions for the granting of a ...- Variance to ensure compliance with the purpose and intent of this section, and to protect adjacent properties. The City Council shall be considered the Board of Adjustment and Appeals as provided by law, and its action on the request shall be the final action taken by the city. 11. In the event that the Planning Commission delays action on the request to the extent that automatic approval would occur under M.S. 15.99, the City Council may take action on the request to prevent such automatic approval from occurring. In such cases, further consideration by the Planning Commission would be moot. C. Conditional Use Permit. Any person seeking to establish a use listed as Conditional in a particular district may request a Conditional Use Permit from the Planning Commission and City Council. In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a Conditional Use Permit request: a. The consistency of the proposed use with the Comprehensive Plan. b. The characteristics of the subject property as they relate to the proposed use. C. The impact of the proposed use on the surrounding area. 2. A request for Conditional Use Permit shall be filed using the Request for Special Land Use Action application form available at City Hall. If the applicant does not own the subject property, then the property owner must provide written consent for the application. All required attachments and fees must be provided by the applicant prior to the application being considered complete. The Planning Commission and City Council will not consider incomplete applications. 3. Upon receipt of such request, the Zoning Administrator shall place the item on the Planning Commission agenda in accordance with the schedule available at City Hall. 4. The Zoning Administrator shall publish notice of the public hearing in at least one of the City's official newspapers no less than 10 days prior to the public hearing. 5. The Zoning Administrator shall send notice of the public hearing to the party listed as "taxpayer" for any properties wholly or partially within 350 feet of the subject property, based on records provided to the city by the Hennepin County Taxpayer Services Department. Said notice shall Page 6 of 143 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-09-08.doc CITY OF CRYSTAL ZONING ORDINANCE— Working Draft 09/04/03 be sent via U.S. Mail no less than 10 days prior to the public hearing. .-� Failure of a particular party to receive notice shall not invalidate the proceedings. 6. The Planning Commission shall hold a public hearing on the Conditional Use Permit. At the public hearing, the applicant, the Zoning Administrator, and other interested parties may provide oral and written testimony to the Planning Commission. 7. The Planning Commission shall make written findings of fact and provide them to the City Council along with a recommendation for action to be taken on the request. The Planning Commission may recommend conditions for the granting of a Conditional Use Permit to ensure compliance with the purpose and intent of this section, and to protect adjacent properties. Any Planning Commission action on the request shall be considered advisory in nature. Upon receipt of the Planning Commission's findings of fact and recommendation, the City Council may take action on the request. The City Council's action may include conditions for the granting of a Conditional Use Permit to ensure compliance with the purpose and intent of this section, and to protect adjacent properties. The City Council's action on the request shall be the final action taken by the city. 9. In the event that the Planning Commission delays action on the request to the extent that automatic approval would occur under M.S. 15.99, the City Council may take action on the request to prevent such automatic approval from occurring. In such cases, further consideration by the Planning Commission would be moot. D. Zoning Amendment. Any person seeking to amend any provision of Section 515, including changing the zoning district of a particular parcel or parcels of land, may request a Zoning Amendment from the Planning Commission and City Council. Any Zoning Amendment shall be evaluated based on its consistency with the Comprehensive Plan and the purpose and intent of this section. 2. A request for Zoning Amendment shall be filed using the Request for Special Land Use Action application form available at City Hall. If the request is to change the zoning district of a particular parcel or parcels of land, and applicant does not own the subject property, then the property owner must provide written consent for the application. All required attachments and fees must be provided by the applicant prior to the application being considered complete. 3. The Planning Commission or City Council may also initiate a Zoning Amendment. Such an amendment may include changing the zoning district of a particular parcel or parcels of land without the consent of the Page 7 of 943 G:IPLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-09-08.doc CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 09/04/03 property owner or owners, as long as notice of the proposed revision is published in accordance with 515.05(D)(5) below. 4. Upon receipt of such request, the Zoning Administrator shall place the item on the Planning Commission agenda in accordance with the schedule available at City Hall. 5. The Zoning Administrator shall publish notice of the public hearing in at least one of the City's official newspapers no less than 10 days prior to the public hearing. 6. If the request is to change the zoning district of a particular parcel or parcels of land, the Zoning Administrator shall send notice of the public hearing to the party listed as "taxpayer" for any properties wholly or partially within 350 feet of the subject property, based on records provided to the city by the Hennepin County Taxpayer Services Department. Said notice shall be sent via U.S. Mail no less than 10 days prior to the public hearing. Failure of a particular party to receive notice shall not invalidate the proceedings. This requirement for mailed notice shall not be applicable when the Zoning Amendment has been initiated by the Planning Commission or City Council in accordance with 515.05(D)(3) above. 7. The Planning Commission shall hold a public hearing on the Zoning Amendment. At the public hearing, the applicant, the Zoning Administrator, and other interested parties may provide oral and written testimony to the Planning Commission. 8. The Planning Commission shall make written findings of fact and provide them to the City Council along with a recommendation for action to be taken on the request. Any Planning Commission action on the request shall be considered advisory in nature. Upon receipt of the Planning Commission's findings of fact and recommendation, the City Council may take action on the request. The City Council's action on the request shall be the final action taken by the city. 9. Zoning Amendment require adoption of an ordinance and are therefore subject to the applicable provisions of city code, the city charter and state law. 10. In the event that the Planning Commission delays action on the request to the extent that automatic approval would occur under M.S. 15.99, the City Council may take action on the request to prevent such automatic approval from occurring. In such cases, further consideration by the Planning Commission would be moot. _ Page 8 of 143 G:\PLANNING\Z0NI0RDI\2002-03 Update\Sutter-2003-09-08.doc LOW DENSITY RESIDENTIAL Land Use Classes: MEDIUM DENSITY RESIDENTIAL Future Land Use � HIGH DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL COMMUNITY COMMERCIAL MIXED USE TOWN CENTER City of Crystal Comprehensive Plan MIXED USE W. BROA W.BROADWAY/HWY 81 INDUSTRIAL CRYSTAL AIRPORT Figure 7 PARK B CONSERVATION PUBLIC/INSTITUTIONAL HIGHWAY 100 PROJECT 0 0.3 0.6 Miles RAIL RIGHT OF WAY c`� M, qs Crystal Zoning New Zoning Codes:WX �'� R-1 R-2 R-3 C-1 C-2 � I-1 0 P.U.D. 0 =1 IMP ='''�I LI Wn /ice I FOE, ,T. New Zoning Codes:WX �'� R-1 R-2 R-3 C-1 C-2 � I-1 0 P.U.D. 0 =1 ='''�I LI Wn N W+ E S