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Home My WebLink AboutNo 442 An Ordinance to Provide for Administrative Variance Authority in R-1 and R-2 ZonesORDIN&4CL AO. 442 AN ORDINANCE TO PROVIDE FOR ADMINISTRATIVE,; VARIANCE AUTHORITY Iu R-1 and R -I ZUL&S iBE COUNCIL OF THE CITY OF MAPLEWOOD DUES HLRLBY ORDAIN AS FOLLOWS: Section 1. That a new chapter No. 913 be added to the Maplewood Code to read as follows: ADMINISLRATIVL VARLANLL Section 913.010. PURPOSL. It is the purpose of this chapter to provide for a method of administratively granting variances for single dwelling and double dwelling building permits. Section 913.020. DIRECTOR OF COMMUNITY DLVLLOPM114T. The City Council hereby authorizes the Director of Community Development or such other qualified person as designated by the City manager to grant variances in areas zoned R-1 and R-2 wherein his judgment the following situations exist: (1) where the provision to be varied concerns garage setbacks; (2) where the amount of variance to any other setback is five feet or less; (3) where the result would be a variance in the size or frontage of the lot not to exceed a five percent deviation from the minimum requirements as provided otherwise in the Maplewood Lode; and (4) where the applicants submit a petition signed by 100 percent of the adjacent laud uwciers appruving of the variance. Section 913.030. PROCEDUl". Upon submitting the application and providing the City with a plan or drawing acceptable to the Director of Community Develop- ment, the birector shall notify the surrounding property owners by mail of the requested variance and shall allow said property owners a period of ten (10) days in which to respond. Thereafter, the Director shall make his decision known to the applicant and to all of the previously notified parties. The Director shall document his decision and the applicant's justification in the Department's filing system. Section 913.040. APPEAL. The applicant or any of the notified parties may, within ten (10) days of the notification of the decision of the Director, appeal the decision by notifying the manager of any objection they have to the decision and request a hearing before the City Council, such hearing to be held within thirty (30) days. A right to this appeal shall be known to all parties at the time of the notification of the decision of the Director of Community Development. Section 2. This Ordinance shall take effect and be in force from and after its passage and publication as provided by law. Passed by the City Council of the City of 1aplewood, Minnesota, this 6th day of July, 1978. f Attest: Mayor Ayes - 5 Cle Nays - 0 ORD I NANCE NO. 442 AFFIDAVIT OF PUBLICATION AN ORDINANCETO PROVIDE FOR AD- MINISTRATIVE VARIANCE AUTHORITY IN R•1 and R-2 ZONES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: f State o� inmeow Section 1. That a new chapter No. 913 be added to the State 1 L•'1Ll Maplewood Code to read as follows: ADMINISTRATIVE VARIANCE Section 913.010, PURPOSE. It is the purpose of this County of Ramsey Chapter to provide for a method of administratively granting variances for single dwelling and double N Theodore Lillie dwelling building permits. ......................••.•.•••• ................................ being duly sworn, on oath says Section 913.020. DIRECTOR OF COMMUNITY -1 Publisher DEVELOPMENT. The City Council hereby authorizes he is and during all the times herein stated has been the ................................................................ the Director of Community Development or such Other qualified person as designated by the City Manager to . . . . . . . . . . . . . . . . . . Publisher and printer of the newspaper known as Maplewood Review, grant var iances in areas zoned R-1 and R 2 wherein his and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the judgment the f6Ilowing situations exist English language in newspaper format and in column and sheet form equivalent in printed space to at (1) where the provision to be varied concerns garage least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. setbacks; (3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com- munity which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near is five feet or less; the municipality which it purports to serve, has at least 500 copies regularly delivered to paying (3) where the result would be a variance in the size or subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than frontage of the lot not to exceed a five percent deviation three months in arrears and has entry as second-class matter in its local Dost- office. (5) Said newspaper from the minimum requirements as provided otherwise purports to serve the Village of Maplewood in the County of Ramsey and it has its known office in the Maplewood Code; and of issue in the Village of North St. Paul in said county, established and open during its regular (4) where the applicants submit a petition signed by business hours for the gathering of news, sale of advertisements and sale of subscriptions and main - 100 percent of the adjacent landowners approving of the tained by the publisher of said newspaper or persons in his employ and subject to his direction and variance. control during all such regular business hours at which said newspaper is printed. (6) Said news - Section 913.030. PROCEDURES. Upon submitting the paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publi- application and providing the City with a plan or cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior drawing acceptable to the Director of Community to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary Development, the Director shall notify the surrounding of State and signed by the publisher and sworn to before a notary public stating that the newspaper is property owners by mail of the requested variance and a legal newspaper. shall allow said property owners a period of ten (10) Ordinance., No.. II I.2 days in which to respond. He further states on oath that the printed ................. .. `,? .............................. . Thereafter, the Director shall make his decision known to the applicant and to all of the previously• •. •. hereto attached as a part hereof was cut from the columns notified parties. The Director shall document his of said newspaper, and was printed and published therein in the English language, once each week, for decision and the applicant's jusilfltetlon in the„•,,,•successiveweeks;thatItwasfirstso ublishedonWednesda the •_+ Department's filing system. ............ ...••.••••••••Oi�.e• P Y -.'.."..'.. Section 913.040. APPEAL. The applicant or any of the �7] notified parties may, within ten (10) days of the day of ................................................... J .Y......... of 19!... and was thereafter printed and pub - notification of the decision of the Director, appeal the decision by notifying the manager of any objection they lished on every Wednesday toand including Wednesday the .................. day of .................................... have to the decision and request a hearing before the City Council, such hearing to be held within thirty (30) 19.... and that the following isaprinted copy ofthe lower case alphabet days. from A to Z, both inclusive, and is hereby acknowledged as bein the size and kind type used in A right to this appeal shall be known to all parties at the composition and publication of said notice, towit• the time of the notification of the decision of the Director of Community Development. abcdefghijklmnopgrstuvwxyz r' Section 2. This Ordinance shall take effect and be in force from and after Its passage and publication as provided by law. Passed by the City Council of the City of Maplewood, ••• ..... Minnesota, this 6th day of July, 1978. + Jur 19 f( v -s- John C. Oreavu Subscribed and sworn to before me this ...9 ..h ... day of ....... ........ ...... ............... Mayor Attest: Q 00 1 •s- Lucille E. Aurelius Clerk Notary public....... SEA RICE a ENRI • Ayes N-otary'Pubic;-Ramsey•Cotmty, innesota Nays -0 My Commission ExpirMy..()lommfssJpR.FXplres Segt,6i 1978„ 19.... (Review. July 19, 1978)