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79-012 ORD ,'- 148793 . ORDINANCE NO. 1~,i~ AN ORDINANCE REGULATING fOR AN INTERIM PERIOD THE COMMENCEMENT OF DEVBLOPMENT WITHIN THE CITY OF ELt( RIVER THE CITY OUNCIL OF THE CITY OF ELK RIVER OF SHERBURNE COUNTY, MINNESOTA, ORDAINS AS FOLLOwS: ARTICLE I 1.01 Legislative Findings of Fact. The City of t:lk Kiver, a predominantly rural cOllUUunity, situated just outside the boundaries of a concentrated urban area, finds that certain parts of its existing plans and official controls are inadequate f~r the regulation and control of development within its jurisdiction. Consolidation of the former Township of Elk River and former City of Elk River into a new City of Elk River has recently taken place by Order of the Minnesota Municipal Board dated October 31, 1977; this consolidation has created a dual system of regulatory controls inadequate to control the growth of the City of Elk River as newly created. The subdivision of land in areas lying outside of the boundaries of the former City of Elk River (the Affected Area) by way of metes and bounds legal descriptions, private streets or streets not . accepted for maintenance by the City has created and continu(;s to create growth management and record-keeping difficulties for the City of Elk River. Development during the interim period herein established in the Affected Area of Jot sizes of less than two and one-naIf (2 1/2) acres in size, except in that portion of the Affected Area lying westerly of the boundaries of the former City and southerly of the right-of-way of the Burlington Northern Railroad is contrary to the objective of the City to manage its growth in an orderly fashion. In addition, the City Council finds that urban services capable of accomodating development at an urban level are not scheduled to be provided within any currently identified program. Requirements imposed by the Municipal Planning Act, the designation of the !1ississippi River as being subject to wild and scenic rivers regulation and the desire of the City of Elk River to accomodate growth in a rational and efficient manner require that the City Council prepare and recommend for hearing and adoption amendments to its comprehensive plan and ordinances, regulations, and programs governing the land use and development within the City of Elk River. The City Planner and the City Attorney are in the process of preparing and submitting said materials which will guide overall residential density, provide for public f~cilities adequate to service the area, prevent or abate ellvironmental degradhtion, reduce and eliminate nuisances, appropriately address future industrial and commercial development, and provide for the orderly and rational implementation of planning for growth management for the City based on the requirements of the above-cited statutes, regulations and the general health, safety and welfare of the cOlrnTIunity. The City Council finds, however, that sucl1 a 3yst.em of 'planning, zoning, and regulatory controls cannot be effective unless reasonable measures are taken for a reasonable interim period to protect the pUblic interest by preserving present patterns of development unt il the appropriate amendments and programs are . adopted and become effective. Any significant variation during tllC interim period will destroy the integrity of the effort, the program and any possible amendments, and their 148793 --bas ic purposes and com prehens i ve the problems facing the City. aspects, and will lead to furthering and worsenIng of 1.02 Legislative Intent. It is the intention of the City Council of the City of Elk River to protect its comprehensive plan and official controls in their implementation by hereby adopting, pursuant to authority vested in the City Council by Minnesota Statutes, Section 462.355, subd. 4, a reasonable interiln ordinance for a reasonable time during consideration of the aforementioned comprehensive plan and official controls for the conununity to protect the public Ilealth, safety, and wE,lfare and prevent a race of diligence between property owners and the City of Elk River during sudh consideration which would in many instances, result in tne continuation of a pattern ,of land use and development which would be inconsistent with the prospective plan and ordinance amendment and violate their basic intent and thereby fail to protect the health, safety, and welfare of the community. The City Council determines that the adoption of this ordinance is essential to the preservation of its proper planning and oning and in the best interest of the community and its heal th, safety and general welfare. The City Council has further provided for a variance procedure to avoia imposition of any inequities and undue hardships in the application of this ordinance. ARTICLE 2 2.01 Affected Area; Supersedes. This ordinace shall apply to and govern that portion of a territory in the City of Elk River outlined by heavy dark lines on the attached map of the City during the period for which it is in effect; this portion is .described as all of the City of Elk River lying outside the boundaries of the former . City of Elk River and is referred to herein as the Affected Area. This ordinance during its effective period shall replace and supersede provisions in all other ordinances and regulations applicable to the Affected Area which are in conflict or inconsistent with the provisions contained herein. 2.02 Scope of Controls. Except as hereinafter provided during the period following the effective date of this ordinance until June 22-.' 1979: a. No building or structure shall be constructed or erected, nor shall any building pennit be issued by the City Councilor the building inspector of the City of Elk River for the construction or erection of any building or structure on any lots or property lying within the Affected Area which is not in a subdivision appr~ved by the City Council and in which the lots are less than two and one-half (2 1/2) acres in size except that that portion of the Affected Area lying westerly of the boundaries of the former City of Elk River and southerly of the right-of-way of the Burlington Northern Railroad may contain lots no less than one (1) acre in size. Every lot must have the minimum required frontage on a public road dedicated and accepted for maintenance by the City of Elk River or County of Sherburne. . b. For the purpose of this ordinance and all other ordinances and regulations applicable to the Affected Area including, but not limited to, the Sherburne County Subdivision Regulations passed and approved June 2.t+, 1971, II subdivision" Shall mean a described tract of land wnich is to be or has been divided into two or more lots or parcels, any of which resultant parcels is less than five (5) t487~~3 -. acres 1n area, tor tne purpose of transfer of ownership or building development, or, if a new street or road is involved, any division of a parcel of land. The ter~ includes resubdivision and, where it is appropriate to the context, relates either to the process of subdividing or to the land subdivided. This ordinance shall apply to the subdivision of a lot, tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale or of building development, whether inunediate or future, including the resubdivision or replatting of land or lots, any portion of which is within the Affected Area. 2.03 Exceptions. Section 2.02 shall not apply to the issuance of any building pl'rmits in the following instances, provided that the application otherwise qualifies and is acceptable under the provision of the Elk River Zoning Ordinance and all other applicable laws, rules, regulations, and ordinances governing and applicable to the A t'fected Area. a. To perform work relating to the repaIr and/or maintenance of any lawf~l use of land existing on the date of adoption of this ordinance, or to make any existing building or structure conform or comply with ot~er applicable laws, rules, or regulations. b. To perform work necessary to preserve health, safety, life, or property In the face of an emergency. c. Work performed by any public agency or its contractor. . A:UICLE ~. 3.01 Variance. The Elk River City Council shall have the power to grant a vlriance from the provisions of this ordinance upon its determination, in its absolute dlscretion, that such variance or modification is consistent with the standards set fJrth in 3.02, the letter and intent of this ordinance, and the health, safety and general welfare of the people of the City of Elk River. Upon receiving any application fJr such variance or modification, the City Council shall refer such application to the PLanning Commission, for report of said Planning Commission with respect to the effect of the prospective variance or modification upon the efficacy of the interim d"~ve10pment control program. Such reports should be returned by the Planning C:>mmissipn to the City Council within sixty (60) days foUowing such reference and shall be i placed upon the next agenda of the City Council. 3.02 Variance Standards. p'~rrnit m~y be granted pursuant unless the following standards are met: Use variances authorizing the Issuance of a building to Section 3.01 provided that no variance shall issue as well as the general requirements contained in 3.01 a. A proposed structure (and any accessories) complies with the terms of the zon~ng ordinance in effect on June 22 , 1978. b. The subject parcel for which the building permit was requested was held 1.n separate ownership prior to June ~, 1978. . ~ t,18793 . c. The owner of the subject parcel, due to action he has taken prior to June 1978, would suffer substantial hardship in the event that the provisions oT this ordinance were strictly applied. ARTICLE 4 4.01 Penalties. Any person, firm, entity, or corporation who shall construct, erect, enlarge, or alter structurally, any building or structure or undertake any developloont activity in violation of the provisions of this ordinance shall be subject to the penalties and enforcement procedures set forth in the Elk River Zoning Ordinance and any anp all additional remedies available under the laws of the State of Minnesota. 4.02 Validity. part or provision of this ordinance which The validity of any word, section, clause, paragraph, sentence, this ordinance shall not effect the validity of any other part of can be given effect without such invalid part or parts. 4.03 Effective Date. This ordinance shall take effect upon adoption and publication by the Sherburne County Star News. Passed day of L'c /fr r, by f-(, , ( -------- , i+vLL , J. 9 7 JL.. " this !.2. . ATTEST: --eiJ1dd0uL'JillfM :L~ Sandra E. Martin, Actlng Clerk Published on the 22 day of June, 197'. .:1,t879:~ OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF SHERBURNE '. lHEREBY CERTIFY THA TTHE WITHIN INSTRl1- MENTW AS FILED IN THIS OFFICE FORRECOIm ON / 7R'etf-t Su/~/l1 AND AS RECORDED IN SAID OFFICE A$ 1 tO~.. INSTRUMENT NO. ..' a ( ~}3 DAN BAILEY, COUNTY RECORDER ~~'-f..J ~<-DEPUTY. I REC. BK lSd IND. ~ 9.;J.!j-/l PUBLIC NOTICE .FFIDA VIT OF PUBLICATION State of Minnesota County of Sherburne } SSe Charles F. Dare, being duiy sworn on oath says he is and during all the times herein stated has been the publisher and printer of the newspaper known as Sherburne County Star News and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community 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 the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as secohd-class matter in its local post-office. (5) Said newspaper purports to serve the City of Elk River in the County of Sherburne and it has its known office of issue in the City of Elk River in said county, established and open during its regular business hours for the gathering of news. sale of advertisements and sale of subscriptions ilnd maintained by the publiSher of said newspaper or persons In his employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1. 1966 and each January 1 thereafter an, affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed _"":. ' I ( .l, 'litl/lll11\'" ~_Q./ --YLo. 'l C'-=-t ~~ hereto attached as part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week ,for I ;;J., I ';)~ successive weeks; that it was first so published on Thursday, the ~ 'tJ' ,\ 1 ,', day Of",' IA.. t' u.::....-- " 19 -7Cj and was thereafter ,rinted and publiShed every Thursday to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z. both inclusive, and is hereby acknOWledged as being the size and kind of type used in the composition and publication of said notice. to wit: abcdefgh i i kl mnorqrstuvwxyz (?lr'&lf!~)c1-LLe. . Publisher Subscribed and sworn to before me this c2 / day of 9~ " ?f' ~~ 7:?Z~ ,:cpr V-itJl ,~'c; ,J1tlld fq~ r, Iry t'Ili!',t.:reated ,',". ell, e", a t, e,,~.gg 1'0, wt h r!!C;9r ,keept!'!!I it~Qf.J: River. I'!{jl'tlle "'Interim .lsh.drithe Af- ~lles of ess than " ') itcr in slle, . ffected ,lInd~r- th"rlY rJil'lgtQn y tcJthe tQ m nage.lts t:rIYfa hlon;" In 0.1.1"':11 f nds that li!b!llrQ. aCC;Qm- nt"li!t!i'IIl' u~pan ledt~.'t)e,prq-,{ "..n,.'t,I",y,.,. re..,.,n,f!f",I",",d.., "." nts im sec:l;byl nlng , ct, .111'.' is!\lssl pi River wild a d scenic C11'ld the esireof Rh,er ;,tQli!I1=I1=Qrn' arafidnal1SI'ld e~U'i,r~f')1 hat tl'1e re H~Jld recoro- .', anti, adopt/on Itsco."prbhenslve nces", !'~, .,Q~,I ?Itlons, oVernloq'lhe land "ntw.,..,.,Jt.,',t\."..I."~,,. ',t"h, e, City tY'~la ,Iler and imth '. process bmilt hg said 'guld ',overall QVldl'll fQr pub- ,to sdvice the abate..lel'!virOn- fl' . deg' 'ij;ce.al'ld, ~., e nul !If'prl~t. ,elVe,'" ~"...,futur ~ml cQm- '. jal devel()l;nnent, and provide f e orderlylf",a ration I :imple- '. me nlng for growth ma!Lthe City ased on the ts'of the ab ve-clted statutes, regulations and th general health, safety and welfare of the community. Tne City Council finds, however, that such a SYltem of planning, zoning, and re ulatory cO,n troIs cannot be effectlv unless reasonable measures are ta en for a rea' 'Ible interim period t protect th, IIc interest, by pr serving prE> ,patterns of development until the appropriate ame~dments and programs are adop ed and become effective. Any sl nificant variation during the interi period will destroy the integrity of the effort, the program and any possible amendments, and their baFic pur- poses and comprehensive ~spects, and will lead to furtherlng and ,worsening of the problems facing the City. 1.02 Legislative Intent. It is the intention of the City Counc I of the City of Elk River to pr ect its comprehensive plan and official controls in their implement tlon by hereby adopting, pursuant t author- ity vested in the City Co ncil by Minnesota Statutes, Section 462.355, subd, 4, a reason~ble Interim ordi- nance for a reasonable tlm during consideration of the aforem ntioned comprehensive plan and official controls for the community to pro- tect the .publlc health, saf ty,' and welfare and prevent a ace of diligence between property owners and the City of Elk River during such consideration which ould in many instances, result in he con- tinuation of a pattte'rn of I nd use and development which w uld be inconsistent with the pro pectjve plan and ordinance amend ent and violate their basic intent an there- by fail to protect the health, safety, and welfare of the commun ty. The City Council determines t at the adoption of this ordinanc is es- sential to the preservatio of Its proper planning and zoning and In '''M . interest of the co munlty 11~ health, safety and eneral weh_.... The City Council as fur- ther provided for a varian, e pro- cedure to avoid imposition' of any inequities and undue hardships in the. application of this ordlnclnce. l.\ilroY~.9J,;J \J 'eF~~h~~ , into two or u,Qf/.1l"'jcl'1' ;,t~~n '.;,pu ,;~t",q!);; dj RIll in~IHpes..e ',!li _llproprl.tetQ.,t~e ont, , es ,~\tl'1, Ilrto tl'1!lP'~"ss (),f S4 . i,XiQi, ng pr,to thll'..Ij!!ndliubcjivicjecj:1'his "ordinance, shall apply to the sub- divisIOn Qf a lot. tract 0,.. parcel,of lantl ,/nto,twQ or roQ!,', IQts, tn'l~ or Qther divil1~()n Qf I~ndf~rthe Rurfll?se 'of sale or'Of'bulldltlg Clevelopment, whemer:lmmedlate or futl4rei',j.nc;I,u- ding the rllsu~djvlsion or replli!",,"l9 of laM or lotsi IIny portion ,~'\Jym~h "iswltnin tne,Affeefetl Area;' ,f,"~t'l ,2.03 EXcllPtionli. Sectlon,~. II not apply to the ili!\4ance y bulldingPermiitl1" foil g ~~~~~~c~~h:rv ~~flier:!a' lil~ acceptabl!!t~eJ)rQylsioll of the Elk Rille Og.QrdinanC;!Iiand all other,i1ppllcaPIIl aws,':lrPles, regul!'ltiq.,,~a!'l!ll..\or.dlnvern- ',Ing and ~~~I~~,,~," 'e,;t~ ,ected A~ea. ,,', ,,!,,;~ " , ....a.TQ To ,,rmw ',the repal YOI' fI1 nance of t any iawful "",., nd existing on the date ofadqptiol1 of tnls ordinance, or to mak,e any"idsti!,9b"ilding or strll,cture, corrtQr." or, cOmp,ly with oth"rappliC;!'l9!1l Ilaws. }1liles, or reg\llatlons.' ,:I', ' b. 1'0 perfqr;I1'1'work hecessary to preserve health; safety ,life, or prop- erty in the face of an emergency, c . Work performlld by itny, Aublit agi!Ocy lIr its cqliltractor.': ;. ARTICLE 3. ',i" ,/, ..., .; ,,' 3.01 Variance. Tl'le i:lk River(!:ity CouncIl, lihall. "h~)'e the power to grant a:,1t'~riance from the prOVisions of this ordinance upon Its d"termlna- tion, In its absolute d' that such variance Qr ' is consistent With th . set fQrth In ~.02,1he Ie . , t of this qrdinance; ~nd safe- ty and,general wel eople of the, City of ;',1;1, !Jpon receiving any appllc for such variance or 'modificatlon,' the City Council sl'1all refer such application to the Planning Commission, for report of said Planning Commission with respect to the effect of the prospective variance or modifica- tion upon the efficacy of the interim development control program. Such reports should be returned by the Planning Commission to tne City Council within sixty (60) days fol- lowing such reference and shall be placed upon the next agenda of the City Council. 3.02 Variance Standards. Use var- iances authorizing the issuance of a building permit may be granted pursuant to Section 3.01 provided that no variance shall issue unless the fOllowing standards as well as the general requirements contained In 3.01 are met: . a, A proposed structure (and any accessories) complies with the terms of the zoning ordinance In effect on June 18, 1979. . b. The subject parcel for which the building permit was requested was held in separate ownership prior to June 18, 1979. c, The owner of the subject parcel, due to action he has taken prior to June 18, 1979, would suffer substan- tial hardship in the event that the provisions of this ordinance were strictly applied. ARTICLE 4 4.01 Penalties. Any person, firm, entity, or corporation who shall construct, erect, enlarge, or alter structurallY, any building or struc- ture or undertake any development activity in violation of the provisions of this ordinance Shall be subiect to the penalties and enforcement pro- cedures set forth in the Elk River Zoning Ordinance and any and all additional remedies available under the laws of the State of Minnesota. 4.02 Validity. The validity of any word, section, clause, paragraph, sentence, part or provision of this ordinance shall not effect the valid- ity of any other part of this ordi- nance which can be given effect without such invalid part or parts. 4.03 Effective Date. Tnls ordi- nance shall take effect upon adop- tion and publication by tne Sher- burne County Star News. Passed by Elk River City ouncll, this 18 day Qf JUlle, 1979. By: Frank Madsen Sandra E. Martin Acting Clerk (Jn21)