HomeMy WebLinkAboutNo 208 Creating and Establishing a Board of Appeals and Adjustments, Defining Its Powers and Duties and Providing for Appointment and SuccessionORDINANCY NO. 208
AN ORDIXAN(Ai.' CRE-AVING AND ESTABLISITITM A BOARD OF
APPRALS AND A-XM'T*W-Zt MINING ITS NAIR-0r) WD
7AMIF I5 �XD PROVIDING MR APPOINTMT AYD
,TPrIL OF I*LjjT VILTADV OF MAPLY-40011) DOles! FIVRMY OILDAIN %S
ieotion 1. (202-110. OF A?PFALS MID At-W37IMT KiTIABLISHFD)
.-oard I- rpose of hearing
- of ppeals wW tidjust-nents is ).-,ereby established for the nil
,and determininE ppeals from deci-tdr7na of the Allage roiwcil in -xillf.ers relating
to zoning and plarrinq A, I
nn, for hearing :aid datormining Petitions 1.)r wIjurtMent
of conditions imposed by the zoning ordinance.
I is - The 30s ppeal .3
.ection (20?.11-1. HIP OF A?Pk&W ;30ARD) I --rird of I
end Adjustment,4 ,)hall o-onsist of five (5) members of the Village �'.ommission
who shall be appointed bv the `,`illage Council. Yaoh momoor of the illage Council
shall. nominate one ,1i manber ,-f the -`.,oard of i.ppeals from.the memborshi p router of
the Planning OomisAors. "rom thc. nominee so seleate"], the Council shall
elect the !;oa member,- by vats of the 111a -e, -)wicil. T --f any r-on.inee
j 4�1
Nils to get elected, the Council nember who nelected the non—ineesbalt. thereupon
offer another noniLee. The ""nuncil nwv vote far the IL'ive notaiikeaa as a date or may
vote upon each :.coiner individually. Tach per.<iau appointed to the *ard of Appeals
shall holi office for Uirce L-eays or until his succeawir is ttp,1x4ntwI, except that
in eatnblishing the first yonnl of7pp
." �ealsq two shall be appointed for 0110 year, two
shall be.) t.,ppointsO, for two yeurat and one shat be appointed for three years. 7:lere-
after, each shall be appointed for thx%w yearti.
'4,ction 3. (202.112. IIGWFR�; 471) DUTTE13 OF THIP WARD OP k?PE,-'.V) IONT,
4 � I I Pe
',ho iioarci of ��ppeals and ,ajustmenti� sb.--ll hear and deoide hII a-) &Is
from decisions of the VilLige Cuancil or of W administrative officer in nm-xtters
relating to the adtainisti-atian and enforceirient of the ordinance of
"'he 3oard shall. also hear requests for vf-,riances from the literal -provisions of the
L
zoning ordinance in Instances -where their strict enforcement would cause up -due hareship
because of airewastances unique to the individual property under considers tion sand to
ated that such actions will be in keeping
�r,rwt such variances only ashen it is demonstr
with the spirit and intent of the ortftinance. '.3uch granto shall not provide for a use
which is not permitted under the zoning classification in which the property is
located. ',"he -Onrd may impose conditions in granting variances to insure Compliance
and to protect ndjacent properties. In matters relating to planningg the -.40ard of
Appeal a
la nd :,djuatm*nts shall have the Dowerq set firth in 'Unnesota .statutes,tutest
ectiun
462.35-.), -luod. 4- =he 3oard shall haVP GUCh OttlPr. QII)Ter'� '-13 the !Allzaga '--OU!Wil Mr2y
provide uy resolution.
,oction 4. (202.113. PRUCMEW-5) Appeals aa-,.,r be broj.�-tt bofnre. the :,ioard
of Atjustwenttj and {ppenls by any affected Deraon. !,,ppenranco before the :joard wq be
in person or by sent or attorney. %'he ,;,card ihall schedule i -i hoarinC, within thirt,�
�3101; iays after an appeal in submitted it writing. .111 notice'i of appeal MU.'It be filed
with the `i lager Clerk within the tirie nrescribed by appliceblo lr.v, ordirpmoo or
regulation. the decision of the=loaard of -,pPeals mid Adjustments shall be final and
no further action Ant! be required or 311o,,-ied by the Mtulcipality, except that the
Village Council may in accordance with the decisiong rescind- or otherwise alter any
decision previously made which nw,' hnve been aubiject of the appal. Further ;Ippeal
may be taker. t- the Astrict court of aunty Providing Such appeal in made
within twenty (20) days ;-,ft*r the date of the dpcisi3ii of Vrie '--oard of '-Ppepils and
Adjustments.
::he '3oard of �Ippeals and idjustments shall render its decision on any
appeal g4 thin ninety (90) days after Ude alate of the end of the hearitl,!-'.
;ectian 5. :,'T TIT �4) Ioa-,, Of .:jpvrt ,4; and
(2,12.114" 4�N-) '?F!' he Nj
k.-Ijustments ma�v adopt sand pronulgate rules anA re,-ulntions govurnind it. -i f=ctiun
and such rules and reguIntions nhall be -mblished for at leaatu sixty (60) daY3 before
adoption. :-uch rules pend re,-,ulations shall be(x,,me effective t)nly after approval 1y
the Village council, provided that the Council shall htve sixty (*60) days from the time
such riles and regulations are submitted to the Council within which to approve or
reJect any or all such rules, and provi4ed further that if the council fv.ils to
�;ct rithir. said 60 dn, t w ur o I
ye, the rules shall tpk-e effect ithout Co cil Ti -.p va
'such rules may provide for oaths to 4)e t,",ke n. b-,,- iii trespes, %Yld rp!v n1so provide for
written briefs.
-Iection 6. 202-115.
I !IRCORMI OF 'MEM FOARD) The <;Oard of 'ppeala and
Adjustmentj shall keel) a record ox its activItiwo and proce.edinp,,39 including, 1, but
riot lint :ea tog the minutes of its m*eting-4, and nl,,jo Its findinI,,,,n, the action
taken, and the final orders in all hearings of appeals or for ,ad jus tment.a. ;, copy
of every order it mnkes shell be forwarled to the illai.,-e Council bi delivering
same to the illaee Clerk.
-ection 11. "his rrcUnance shall take effec', -,.snd be ire P-Yrce from and
after its paeea��., nud pulblination.
-',.iss*d by tho Council of the Village of
-apltwood UUday f.
Mayor
Attests
ORDINANCE NO. 208
AN ORDINANCE CREATING AND
ESTABLISHING A BOARD OF AP-
PEALS AND ADJUSTMENT, DEFIN-
ING ITS POWERS AND DUTIES AND
(PROVIDING FOR APPOINTMENT
AND SUCCESSION.
THE COUNCIL OF THE VILLAGE �tHt£ of JAC11111t£SOta
OF MAPLEWOOD DOES HEREBY OR-
DAIN AS FOLLOWS:
Section 1. (202.110. BOARD OF AP- County of Ramsey
PEALS AND ADJUSTMENT ESTAB-
LISHED) A Board of Appeals and Ad-
justments
d- Te $e- Lillie
Council
f hearing matters and determining
i gap- ------------------------------------------------------- being duly sworn, on oath says;
Peal
ions of
that he is, and during all the times herein stated has been------------ ------------------------------
and planning; and for hearing and de-
termining petitions for adjustment of the_ conditions imposed by the zoning ordi- ------publisher of the newspaper known as Maplewood Review,
nance. and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publica-
Section 2. (202.111. MEMBERSHIP ordinance
OF APPEALS BOARD) The Board of tion therein of the ------- __________________________—_----------------------------------------------
Appeals and Adjustments shall consist
of five (5) membera of the Village Plan-___________________________________________________________________________________hereinafter described,
ning Commission who shall be appointed said newspaper was printed and published in the Village of North St. Paul, in the County of Ramsey,
by the Village Council. Each member of State of Minnesota, on Tuesday each week ; that during all said time said newspaper has been print -
the Village Council shall nominate one ed in the English language from its known office of publication within the Village from which it pur-
(1) member of the Board of Appeals porta to be issued as above stated and in newspaper format and in column and sheet form equivalent
from the membership roster of the Plan- in space to at least 460 running inches of single column, two inches wide; has been issued once
ning Commission. From the nominees each week from a known office established in said place of publication and employing skilled workmen
so selected, the Village Council shall and equipped with the necessary material for preparing and printing the same, and the presswork on that
elect the Board members by majority part of the newspaper devoted to local news of interest to the community which it purports to serve has
vote of the Village Council. If any been done in its known office of publication; that during all said time in its makeup not leas than twenty -
nominee falls to get elected, the Council five per cent of its news columns have been devoted to local news of interest to the community it pur-
member who selected the nominee shall ports to serve; that during all said time it has not wholly duplicated any other publication, and has not
thereupon offer another nominee. The been entirely made up of patents, plate matter and advertisements; has been circulated in and near its
Council may vote for the five nominee- said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered
in ce individually. Each person appointed a slate or may vote upon each nom- to paying subscribers and has entry as second class matter in its local post office; and that a copy of each
n
to the Board of Appeals shall hold office issue has been filed with the State Historical Society, St. Pau] ; and that there has been on file in the
for three years or until his successor is office of the County Auditor of Ramsey County, Minnesota, the affidavit of a person having knowledge
appointed, except that in establishing of the facts, showing the name and location of said newspaper and the existence of the conditions
the first Board of Appeals, two shall be constituting its qualifications as a legal newspaper.
apnointed for one year, two shall be ap- ordinance
Pointed for two years, and one shall be That the----__--e�------------------------------------ hereto attached was cut from the
appointed for three years. Thereafter, columns of said newspa and was printed and published therein in the English language, once each
each shall be appointed for three years.
Section S. (202.112. POWERS AND week, for --------------------------------successive weeks; that it was first so published on Tuesday
DUTIES OF THE BOARD OF AP- 4th Janis�+y
PEALS AND ADJUSTMENTS) The the ______________________ day of -_______---_____-__ --- 19_ , and thereafter on Tuesday
Board of Appeals and Adjustments shall
hear and decide all appeals from deci- of each week to and including the ------------------- day of ------------------------------ 19____; and
sions of the Village Council or of any
administrative officer in matters relat- that the following is a printed copy of the lower case alphabet from A to Z. both inclusive, and is hereby
Ing to the administration and enforce- acknowledged as being the size and kind of type used in the composition and publication of said notice,
ment of the zoning ordinance of Maple- to -wit:
wood. The The Board shall also hear re-
quests for variances from the ilteral pro- abedefghijklmnopgrstuvwxyz -
visions of the zoning ordinance in in-
stances )where their strict enforcement `" 1
would cause undue hardship because of
circumstances unique to the individual
property under consideration and to-----------------�- ---C--
grant such variances only when it is 4th
demonstrated that such actions will be Subscribed and sworn to before me this --- ______----- day qY_-__ _ _ _
-- --------
195Z(J
in keeping with the spirit and intent of _______ ________________________
the ordinance. Such grants shall not ---.----------------"�- -
Provide for a use which is not permitted
Notary Public, __________�____r___________________County, Minn.
under the zoning classification in which
the property is located. The Board may tt
impose conditions in granting variances My commission expires ------ — — >��j,_R�Q�E((v------ i
to insure compliance and to protect ad-
jacent properties. In matters relating to Notary Public, Ramsey County,Minn.
Planning, the Board of Appeals and Mir "' 0 t
Adjustments shall have the powers set
forth in Minnesota Statutes, Section
462.859, Subd. 4. The Board shall have
such other powers as the Village Coun-
cil may provide by resolution.
flection 4. (202.113. PROCEDURES)
Appeals may be brought before the
Board of Adjustments and Appeals by
any affected person. Appearance before
the Board may be in Person or by agent
or attorney. The Board shall schedule
a hearing within thirty (30) days after
an appeal is submitted 3n writing. All
notices of appeal must be filed with the
Village Clerk within the time prescribed
by applicable law, ordinance or regula-
tion. The decision of the Board of Ap-
peals and Adjustments shall be final
and no further action shall be required
or allowed by the municipality, except
that the Village Council may in accord-
ance with the decision, rescind or oth-
erwise alter any decision previously
made which may have been subject of
the appeal. Further appeal may be taken
to the District Court of Ramsey Coun-
ty providing such appeal is made with-
In twenty (20) days after the date
of the decision of the Board of Appeals
and Adjustments.
The Board of Appeals and Adjust-
ments shall render its decision on any
appeal within ninety (90) days after
the date of the end of the hearing.
Section 5. (202.114. RULES AND
REGULATIONS) The Board of Appeals
and Adjustments may adopt and promul-
gate rules and regulations governing
its function and such rules and regula-
tions shall be published for at least
sixty (60) days before adoption. Such
rules and regulations shall become more
effective only after approval by the Vil-
lage Council, provided that the Council
shall have sixty (60) days from thee
such rules and regulations are submitted
to the Council within which to approve
or refect any or all such rules, and
provided further that if the Council
fails to act within said 60 days, the
rules shall take effect without Council'
approval. Such rules may Provide for
oaths to be taken by witnesses and may
also provide for written briefs.
Section 6. (202.115. RECORDS OF
THE BOARD) The Board of Appeals
and Adjustments shall keep a record of
its activities and proceedings, including,
but not limited to, the minutes of its
meetings, and also its findings, the ac-
tion taken, and the final orders in all
hearings of appeals or for adjustments.
A copy of every order It makes shall be
forwarded to the Vilia¢e Council by
delivering same to the Village Clerk.
Section 7. This ordinance shall take
effect and be in force from and after
Its passage and publication.
Passed by the Council of the Village
of Maplewood this 30th day of De-
cember, 1965.
Byron H. Holm, Mayor
Attest: James M. Hafner, Clerk
Ayes — 5
Nays — 0