ORD 22-10u
iver
Ordinance 22-10
to be removed
Underlines to be added
An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to
Rezone Certain Property from Single Family Residential R I -b to Two Family
Residential R2-b
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to
rezone the property described on attached Exhibit A to Two Family Residential (R2-b):
SECTION 2. That the rezoning approved by this Ordinance is based on the following findings:
1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as
part of the City of Elk River Comprehensive Plan.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
SECTION 4. That building permits will not be issued until conditions 3, 4, 5, and 7 outlined in
Exhibit B are completed; and that a certificate of occupancy will not be issued, and this rezoning
shall be subject to revocation, if all conditions outlined in Exhibit B are not completed.
Passed and adopted by the City Council of the City of Elk River this 2nd day of May, 2022.
ATTEST: (V
'-4-
Tina Allard, City Clerk
Last Updated January 2019
Un*J.ietz,1yor
r01EIEI I
NATURE
to be removed
Underlines to be added
Exhibit A
Lot 1, Block 1, DICKINSONS ADDITION, Shetburne County, MN
rNATURE101EREI If
Last Updated January 2019
Str;kethr-eughs to be removed
Underlines to be added
Exhibit B
1. The Land Use Amendment to Mixed Residential (LU 22-01) shall be approved by the City
Council.
2. The existing driveway along the east property line must be improved to city standards
consistent with private streets
3. Staff approval of an easement providing perpetual, non-exclusive, cross access movement
for vehicular and pedestrian traffic over the improved driveway along the east property line.
The easement provides access to the four properties north of the subject property.
4. The easement will need to provide that the grantor of the easement will be responsible for
the construction, maintenance, and upkeep of the paved access drive across the subject
property.
5. This approval shall not become final, and building permits will not be released, until the
easement has been recorded.
6. A six foot tall, 100% opaque, fence be installed along the entire northern property line prior
to the certificate of occupancy being issued.
7. The building shall be moved as far south as possible, while still meeting dimensional
requirements such as driveway setbacks.
Last Updated]anuary 2019
PR�ERER IN'"ATURR®ri,
. , , i
AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
ORDINANCE 22-10
STATE OF MINNESOTA )
AN ORDINANCE
ss
COUNTY OF SHERBURNE
AMENDING THE
ZONING MAP
OF THE CITY OF ELK RIVER,
Karen Nelson being duly sworn on an oath,
MINNESOTA,
states or affirms that he/she is the Publisher's
TO REZONE CERTAIN
DesiDesignated Agent of the newspaper(s) known
8'n gFAMILY
PROPERTY FROM SINGLE
RESIDENTIAL
as:
R1-B TO TWO FAMILY
RESIDENTIAL R2-B
Star News
The City Council of the City of
Elk River does hereby ordain as
with the known office of issue being located
follows:
in the county of:
SHERBURNE
SECTLON 1. That the duly ad-
with additional circulation in the counties of:
opted Zoning Map of the City of Elk
River is hereby amended to rezone
WRIGHT
the property described on attached
and has full knowledge of the facts stated
Exhibit A to Two Family Residential
below:
(R2-b):
(A) The newspaper has complied with all of
Exhibit A
the requirements constituting qualifica-
tion as a qualified newspaper as provided
Lot 1, Block 1, DICKINSONS
by Minn. Stat. §331A.02.
ADDITION, Sherburne County, MN
(B) This Public Notice was printed and pub-
SECTION 2. That the rezon-
lished in said newspaper(s) once each
ing approved by this Ordinance is
week, for 1 successive week(s); the first
based on the following findings:
insertion being on 05/14/2022 and the last
insertion being on 05/14/2022.
1. The rezoning is consistent
with the City of Elk River Land
Use Plan adopted as part of the
MORTGAGE FORECLOSURE NOTICES
City of Elk River Comprehensive
Pursuant to Minnesota Stat. §580.033
Plan.
relating to the publication of mortgage
SECTION 3. That this ordinance
foreclosure notices: The newspaper complies
shall take effect upon adoption and
with the conditions described in §580.033,
be published as provided by law.
subd. 1, clause (1) or (2). If the newspaper(s
SECTION 4. That building per -
known office of issue is located in a county
mits will not be issued until con -
adjoining the county where the mortgaged
ditions 3, 4, 5, and 7 outlined in
premises or some part of the mortgaged
Exhibit B are completed; and that
premises described in the notice are located,
a certificate of occupancy will not
a substantial portion of the news a er's
p p p
be issued, and this rezoning shall
be subject to revocation, if all con -
circulation is in the latter county.
ditions outlined in Exhibit B are not
completed.
Exhibit B
By
Designated Agent
1. The Land Use Amendment to
Mixed Residential (LU 22-01) shall
be approved by the City Council.
Subscribed and sworn to or affirmed before
2. The existing driveway along
me on 05/14/2022 by Karen Nelson.
the east property line must be im-
proved to city standards consistent
with private streets
3. Staff approval of an easement
providing perpetual, non-exclusive,
cross access movement for vehic-
ular and pedestrian traffic over the
improved driveway along the east
property line. The easement pro -
vides access to the four properties
Notary Public
north of the subject property.
4. The easement will need to
provide that the grantor of the
MARLENE M MITCHELL
easement will be responsible for
Notary Public
Minnesota
the construction, maintenance, and
upkeep of the access drive
My Commission Expires
paved
the
across subject property.
Jan 31, 2025
5. This approval shall not be-
come final, and building permits
will not be released, until the ease-
ment has been recorded.
6. A six foot tall, 100% opaque,
Rate Information:
fence be installed along the entire
northern property line prior to the
(1) Lowest classified rate paid by commercial users
certificate of occupancy being is -
for comparable space:
sued.
$23.00 per column inch
7. The building shall be moved
as far south as possible, while still
meeting dimensional requirements
Ad ID 1229565
such as driveway setbacks.
Passed and adopted by the City
Council of the City of Elk River this
2nd day of May, 2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
May 14, 2022
1229565
AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
ORDINANCE 22-10
STATE OF MINNESOTA )
AN ORDINANCE AMENDING
ss
COUNTY OF SHERBURNE
THE ZONING MAP OF THE
CITY OF ELK RIVER,
MINNESOTA,
Karen Nelson being duly sworn on an oath,
TO REZONE CERTAIN
states or affirms that he/she is the Publisher's
PROPERTY FROM SINGLE
Designated Agent of the newspaper(s) known
RESIDENTL
RIILY BI TOTWO FAMILY
as:
RESIDENTIAL R2-B
Star News
The City Council of the City of
Elk River does hereby ordain as
with the known office of issue being located
follows:
in the county of:
SECTION 1. That the duly ad-
SHERBURNE
opted Zoning Map of the City of Elk
with additional circulation in the counties of:
River is hereby amended to rezone
the property described on attached
WRIGHT
Exhibit A to Two Family Residential
and has full knowledge of the facts stated
(R2-b):
below:
(A) The newspaper has complied with all of
Exhibit A
the requirements constituting qualifica-
Lot 1, Block 1, DICKINSONS
tion as a qualified newspaper as provided
ADDITION, Sherburne County, MN
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
SECTION 2. That the rezon-
ing approved by this Ordinance is
lished in said newspaper(s) once each
based on the following findings:
week, for 1 successive week(s); the first
insertion being on 05/21/2022 and the last
1. The rezoning is consistent
i
insertion being on 05/21/2022.
with the City of Elk River Land
Use Plan adopted as part of the
City of Elk River Comprehensive
MORTGAGE FORECLOSURE NOTICES
Plan.
Pursuant to Minnesota Stat. §580.033
SECTION 3, That this ordinance
relating to the publication of mortgage
shall take effect upon adoption and
foreclosure notices: The newspaper complies
be published as provided by law.
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
SECTION 4. That building per -
known office of issue is located in a county
mks will not be issued until con -
ditions: 3, 4, 5," and 7 outlined in
adjoining the county where the mortgaged
Exhibit B are completed; and that
premises or some part of the mortgaged
a certificate of occupancy will not
premises described in the notice are located,
be issued, and this rezoning shall
a substantial portion of the news a er's
P P P
be subject n revocation, if all con -
ditions outlined in Exhibit B are not
circulation is in the latter county
completed.
y
Exhibit B
By.
1. The Land Use Amendment to
Designated Agent
Mixed Residential (LU 22-01) shall
be approved by the City Council.
2. The existing driveway along
Subscribed and sworn to or affirmed before
the east property line must be im-
me on 05/21/2022 by Karen Nelson.
proved to city standards consistent
with private streets
3. Staff approval of an easement
providing perpetual, non-exclusive,
cross access movement for vehic-
ular and pedestrian traffic over the
improved driveway along the east
property line. The easement pro-
�`
vides access to the four properties
north of the subject property.
Notary Public
4. The easement will need to
provide that the grantor of the
easement will be responsible for
the construction, maintenance, and
ENE MMIE MACPHERSlNd'
upkeep of the paved access drive
across the subject property.
PUBLIC - MINNESOTA
5. This approval shall not be-
LNOTARY
�lBOW JM31,2024
come final, and building permits
will not be released, until the ease-
ment has been recorded.
6. A six foot tall, 100% opaque,
fence be installed along the entire
Rate Information:
northern property line prior to the
certificate of occupancy being is-
(1) Lowest classified rate paid by commercial users
sued.
for comparable space:
7. The building shall be moved
$23.00 per column inch
as far south as possible, while still
meeting dimensional requirements
Ad ID 1231049
such as driveway setbacks.
Passed and adopted by the City
Council of the City of Elk River this
2nd day of May, 2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
May 21, 2022
1231049