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HomeMy WebLinkAbout863 - ADMIN Ordinance - City Council - 1962/11/261 i ORIGINAL ORDINANCE NO. 863 NOVEMBER 19, 1962 8H AN ORDINANCE AMENDING ORDINANCE NO. 730 PASSED DECEMBER 2E, 1959, ENTITLED "ST. LOUIS PARK ZONING ORDINANCE" BY ADDING THERETO NE-', SECTIONS NUMBERED 6:205.1 THROUGH 6:205.6, BOTH INCLUSIVE, RELATING TO ABANDONMENT, REVOCATION AND CANCELLATION OF SPECIAL PERMITS OR VARIANCES. THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. That Ordinance No. 730, passed December 23, 1959 entitled "St. Louis Park Zoning Ordinance" is hereby amended by adding thereto Sections 6:205.1 through 6:205. 6, both inclusive, relating to aban- donment, revocation, and cancellation of special permits and variances reading as follows: Section 6:205. 1. abandonment, Revocation and Cancellation of Special Permit or Variance. Any variance or special permit duly granted by the City is hereby deemed to be abandoned, revoked and cancelled by the applicant, owner, or their grantees, heirs and representatives, or their successors and assigns, hereinafter called the Permittee under the conditions hereinafter set forth. Such variance and special permit shall be terminated by operation of law, without further action or proceedings, by the City Council or administrative staff. Section 6:205. 2. After One Year, No Construction Required. All variances and special permits shall be deemed to be abandoned, revoked and cancelled where the use involves vacant lands, where no new structures are required, or where alterations or substantial repairs to an existing building are not required, when the period of one year has elapsed from the date of the adoption of the resolution granting the special permit or variance and if the holder of the special permit or variance shall have failed to make actual use of the premises in accordance with the provisions of the special permit or variance. Section 6:205. 3. After One Year, New Construction Required. All variances and spacial permits shall be deemed to be abandoned, revoked and cancelled when the period of one year has elapsed from the date of the adoption of the resolution granting the variance if a new structure is required or alterations or substantial repairs to an existing building are required in connection with the use in a special permit or variance and the holder of the special permit or variance shall fail to complete the work on or before the final day of such i period of a year, and shall fail to have a valid building permit out- standing authorizing such work. 0 Section 6:205.4. Upon Occurrence of Certain Everts. All special permits and variances Shall be deemed to be abandoned or revoked and cancelled if the holder of the special permit or variance shall fail to make actual use of vacant lands or lands and structures when no new structures nor alterations or substantial repairs to existing buildings =re required, and in the event a new structure is required or alterations or substantial repairs aro required in connection with the use in the special permit or variance and no building permit has been obtained and is in full force and effect upon the day of the occurrence of any of the following: 1. Upon change in the zoning Use District for such lands made by amendment to the zoning ordinance t my passed by the City Council. 2. Upon commencement of eminent domain proceedings as to all or any part of the premises described in the permit or variance. 3. Upon the use described in such permit or variance becoming an illegal activity under the laws of the United States of American or the State of Minnesota. 4. Upon the forfeiture of the title to all or part of lands described in such permit or variance to the State of Minnesota for non-payment of taxes. 5. Upon voluntary filing by Permittee at any time, of a written statement with the City Clerk identifying the permit by describing the land involved or stating the resolution number under which the permit or variance was grantee and stating therein that Permittee has abandoned the same. 6. Upon taking any lawful action by Permittee with respect to the premises or malting lawful use of the premises which is inconsistent with the provisions of such permit or. variance. Section 6:205. 5. Extension of Time. The City Council may grant one or more ninety (90) day extensions of time under 6:205. 2 and 6:205.3 beyond the termination date for such special Use Permit or Variance at an additional fee of Fifteen' (15) Dollars for each request for extension of time. Said request for extension of time must be filed with the City Manager before the termination date of said Special Use Permit or Variance or extensions thereof, but ouch request shall not be filed more than twenty-one (21) days before said termination date or the termination date in an exten- sion thereof. 2 �n—aa• `r e • Section 6:205. 6. Abandonment of Existing Special Permits and Variances. As to all permits or variances granted prior to the effective date of this ordinance the period of one year for purposes of computing time of abandonment and cancellation shall commence with the effective date of this ordinance and as to all permits and variances granted hereafter the period of one year shall commence with the date of the adoption of the resolution granting the same. Section 2. This ordinance shall take effect fifteen (15) days after its publication. Attest: Adopted by the City Council November 26, 1962. C ty Cle k / Rc.vicwed for ini:,tration: 2 tJ (14/7dAIL- City Manager • Approvyd as to form and legality: City Attorney J ORDINANCE NO. 863 Entitled: AN ORDINANCE AMENDING ORDINANCE NO.-73D-PASSED---- DECEMBER 28, 1959, ENTITLID "ST. LOUIS PARK ZONING ORDINANCE" BY ADDING THERE TO NEW SECTIONS NUMBERED 6:205.1 THROUGH 6:205.6, BOTH INCLUSIVE, :tF'.1,ATING TO ABANDONMENT, REVOCATION AND CANCEL- IntroducedLLTION OF SPECIAL EMITS OR VARIANCES. oy First Reading-Date 11/19/62 Waived Yes Second Reading-Cate 11/26/62Wa.ved Yes Vote: Aye 1m y Published Date November 29, 1962 E'f' cove P to December 1d, 1962 l;cde Reference Section 6 0 0