CITY OF LAFAYETTE, MINNESOTA
AMENDING THE ZONING CODE
WHEREAS, the City of Lafayette adopted its most recent zoning ordinance on 12/27/1990, which has subsequently been codified in City Code Chapter 151; and
WHEREAS, the Council of the City of Lafayette has now determined that the zoning code requires updates due to changes in the law, and it would better serve the City and members of the public if it contained other changes are recommended by a committee assigned to review the Zoning Code.
NOW, THEREFORE, the City Council of the City of Lafayette, Nicollet County, State of Minnesota, hereby ordains as follows:
1. Code § 151.007 PLATTING REQUIREMENTS, shall be amended to the following:
No land use permit will be issued for any land parcel subdivided after the effective date of this chapter that has not been officially platted in accordance with state law and recorded in the county recorder’s office, with the following exceptions:
(A) Parcels that are five acres or larger with no public road or right of way involved; and
(B) Simple splitting of a previously platted parcel where all of the residential parcels meet minimum lot size requirements for the zoning district.
2. Code § 151.038 (G), R1 STANDARDS, shall be amended to the following:
(G) Alley Set-back: Minimum of ten feet, from the right of way.
3. Code § 151.053 (K), R2 STANDARDS, shall be amend as follows:
(K) Alley Set-back: Minimum of ten feet from the right of way.
4. Code § 151.111 (B) NONCONFORMING USES AND STRUCTURES, shall be amended to the following:
(B) An existing building wall and area integral to the structure and located in a side yard setback area may be extended within the setback area subject to the following conditions:
(1) The extended structure shall maintain the same distance from the adjoining property line as does the existing structure.
(2) The extension an existing building wall or integral part of a structure closer than 5’ from a side yard line is subject to a conditional use permit.
5. Code § 151.133 (B) FENCES, WALLS AND HEDGES, shall be amended to the following:
(B) Acceptable materials include new wood, vinyl, decorative metal and chain-link fence.
6. Code § 151.145 ZONING ADMINISTRATOR, shall be amended to the following:
(A) Zoning Administrator. The city clerk and utility superintendent shall jointly serve as the Zoning Administrators, whose responsibilities shall be as follows:
1. Receive, process, and issue land use permits, and make and maintain records thereof;
2. Conduct inspections of buildings and use of land to determine compliance with the terms of Code Title 15;
3. Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments and conditional uses, variances, appeals and applications therefor; and
4. Institute in the name of the city, any appropriate actions or proceedings against a violator as provided for in this chapter.
(B) Processing Applications. Upon receiving a land use permit application, the Zoning Administrator shall process it as follows:
1. The city clerk shall review the application and determine whether it is complete and whether it follows the criteria of the zoning district and City Code.
2. The utility superintendent shall review the application and the relevant physical attributes of the property, including but not limited to location of utility lines, or easements and determine whether requested items are clearly within setbacks for the zoning district. If the utility superintendent can not determine with reasonable certainty that setbacks are properly observed, the utility superintendent may request, and the owner shall, at the owner’s expense, locate the property lines. It is the property owner’s responsibility to locate the property lines.
3. If both the city clerk and utility superintendent verify the application meets the requirements of City Code, they can approve the application.
4. If the application involves issues that cannot be resolved by contacting the applicant, or if the application involves items that require approval of the City Council, then the application shall be added to the next council meeting agenda to be reviewed by council for consideration.
7. Code § 151.148 CIRCUMSTANCES FOR GRANTING A VARIANCE, shall be amended to the following:
(A) Pursuant to M.S. §§ 462.357, Subd. 6, as it may be amended from time to time, the Board of Appeals and Adjustments, may issue variances from the provisions of this zoning code. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property. A variance from the literal provisions of this zoning code may be granted by the Board of Appeals and Adjustments only when the variance is in harmony with the general purposes and intent of the zoning code and the variance is consistent with the comprehensive plan, if the city has adopted one. A variance may be granted when the applicant for the variance establishes that there are PRACTICAL DIFFICULTIES in complying with the zoning ordinance. PRACTICAL DIFFICULTIES as used in connection with granting a variance, means the property owner proposes to use the property in a reasonable manner not permitted by the zoning code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. 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.
(B) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with this zoning code. The Board of Appeals and Adjustments may not permit as a variance any use that is not allowed under this zoning code for property in the zone where the affected person’s land is located. The Board of Appeals and Adjustments may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The Board of Appeals and Adjustments may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. A condition must be directly related to and must bear rough proportionality to the impact created by the variance. The variance shall not become effective until a certified copy is filed by the applicant with the County Recorder, which shall include the legal description of the property included.
(C) Establishment or expansion of a use otherwise prohibited shall not be allowed by variance.
8. § 151.149 VARIANCES AND APPEALS PROCEDURE, shall be amended to the following:
(A) The procedure for taking action on a variance or an appeal shall be as follows.
(1) An application for a variance or an appeal of the requirement, decision or determination of an administrative officer shall be filed with the City Clerk stating the practical difficulties claimed. A certificate of survey or drawing may be required to be part of the findings and records.
(2) The request shall be referred to the Board of Adjustment and Appeals for consideration and public hearing.
(3) The Board of Adjustment and Appeals shall cause to be published, a notice of public hearing, in the official newspaper at least ten days prior to the date of the hearing.
(4) The Board of Adjustment and Appeals shall cause the adjoining property owners to the site of the proposal to be notified by letter at least ten days prior to the date of the hearing.
(5) Within 60 days, the Board of Adjustment and Appeals shall hold the public hearing, make its order deciding the matter and shall serve a copy of the order upon the appellant or petitioner by mail.
(6) The decisions of the Board of Adjustment and Appeals are final subject to judicial review in the District Court.
(7) The Board of Adjustment and Appeals shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order.
(8) The City Clerk will provide a certified copy of a variance granted, including the legal description of the property involved, to the applicant, who shall file the variance with the County Recorder of the county in which the municipality is located.
(B) The following rates are adopted to implement the provisions of this chapter.
(1) A person filing for a zoning variance causes the need for a public hearing to be held. It also causes the need for all property owners within a 350-foot radius of the site to be notified in writing of the public hearing. The applicant shall pay the costs of publication and mailing.
(2) A fee per occurrence shall be charged to each person who applies for a land use permit. Fees shall be set by the City Council by ordinance.
9. § 151.170 LAND USE PERMITS, shall be amended to the following:
No person shall erect, alter or move any building (a structure with a roof and walls and being of a minimum of 100 square feet in size) or part thereof without first securing a land use permit therefor. No liability shall be incurred by the city upon the granting thereof.
10. § 151.171 FEES, shall be amended to the following:
Any person applying for a land use permit, filing a petition for an amendment to this chapter, requesting a variance, conditional use permit or a change in regulations within any district shall pay a prescribed fee according to a schedule established by the City Council. Fees shall be set annually by the City Council by resolution or ordinance.
Adopted: October 9, 2023
Sandra Peterson, Mayor
Sandra Burger, City Clerk
STATE OF MINNESOTA
COUNTY OF SIBLEY
FIRST JUDICIAL DISTRICT
Court File No. 72-PR-23-53
NOTICE AND ORDER OF HEARING ON PETITION FOR FORMAL ADJUDICATION OF INTESTACY,
DETERMINATION OF HEIRSHIP, APPOINTMENT OF PERSONAL
REPRESENTATIVE AND NOTICE TO CREDITORS
Michael David Kuehn, a/k/a Michael D. Kuehn, Michael Kuehn, Mike David Kuehn, Mike D. Kuehn, Mike Kuehn,
It is Ordered and Notice is given that on November 7, 2023 at 10:45 a.m., a hearing will be held in this Court at 400 Court Avenue, Gaylord, Minnesota, for the adjudication of intestacy and determination of heirship of the Decedent, and for the appointment of Jill L. Kuehn, whose address is 25632 585th Avenue, Winthrop MN 55396, as Personal Representative of the Estate of the Decedent in an unsupervised administration. Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the Personal Representative will be appointed with full power to administer the Estate, including the power to collect all assets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate.
Notice is also given that (subject to Minnesota Statutes section 524.3-801) all creditors having claims against the Estate are required to present the claims to the Personal Representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred.
Dated: September 29, 2023
BY THE COURT
/s/ Amber Donley
Judge of District Court
Dated: September 29, 2023
/s/ Karen V. Messner
Attorney for Petitioner
Jeremy M. Berg
219 N. Broadway, Suite C, PO Box 428
New Ulm MN 56073
Attorney License No: 0387424
Telephone: (507) 233-3900
FAX: (507) 354-7297