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HomeMy WebLinkAbout1139 - ADMIN Ordinance - City Council - 1971/03/22Original MARCH 22, 1971 7A ORDINANCE NO. 1139 AN ORDINANCE AMENDING SECTIONS 6:414, ENTITLED HEARINGS, 6:420 ENTITLED EFFECT AND 6:422 ENTITLED APPEALS OF ORDINANCE NO. 1101 ADOPTED JANUARY 19, 1971 RELATING TO OFFICIAL MAPS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The following sections of Ordinance No. 1101 relating to Official Map are hereby amended to read as follows: Section 6:414. Hearings. At the time set for the hearing, the City Council shall hear arguments for and against such proposed Official Map and may continue said hearing from time to time not exceed sixty (60) days from the original date specified in the notice of hearing. Final vote on the proposed change shall be taken within one hundred and eighty (180) days after the hearing is closed. Section 6:420. Effect. After an official map has been adopted and filed, the issuance of building permits by the municipality shall be subject to the provisions of this section. The officer responsible for issuing building permits shall deny all applications for permits to expand existing buildings or structures or to establish new buildings or structures within the area identified for a public purpose on the Official Map or on property outside any building lines as shown on said Official Map, unless such permit is for an improvement not exceeding $5,000 within any twelve (12) month period as determined by the Building Department. If a permit is so granted, its issuance shall not impair the full force and effectiveness of the Official Map. Whenever any street or highway is widened or improved or any new street is opened, or interests in lands for other public purposes are acquired by the City, it shall not be required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the municipality any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the municipality to acquire such interests without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. Section 6:422. Appeals. If a building permit is denied because of the requirements of this ordinance, the City Council shall have the power, upon appeal filed by the owner of the land and upon receiving the recommendation and advice of the Planning Commission, to grant a building permit in such location in any case in which the Council finds, upon the evidence and e arguments presented to it, (a) that the entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, and (b) that balancing the interest of the municipality in preserving the integrity of the official map and of the Comprehensive Plan and the interest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. If a permit is so granted, its issuance shall not impair the full force and effectiveness of the Official Map. Failure of the Planning Commission to report on the proposal within sixty (60) days after such referral or such period as may be designated by the City Council, shall be deemed to have satisfied the requirements of this ordinance. The City Council shall hold a hearing on the appeal and there shall be published a notice of said hearing in the official newspaper once at least ten (10) days before the day of the hearing. If the City Council authorizes the issuance of a permit, the City Council or other boards or commissions having jurisdiction shall have six (6) months from the date of the decision of the Council to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the officer responsible for issuing building permits shall issue the permit if the application otherwise conforms to local ordinances. The City Council shall specify the exact location, ground area, type of construction, height, building bulk and other details as to the extent and character of the building for which the permit is granted, provided such specifications are permitted within the zoning district applicable to the site and provided such specifications are not contrary to the building code. Section 2. Violation and Penalty. Any person, firm, corporation, or voluntary association which violates or refuses to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not more than Three Hundred Dollars ($300.00) for every offense or to imprisonment not exceeding ninety (90) days, or both. Each day that a violation is permitted to exist shall constitute a separate offense. Section 3. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council March 22, 1971. Reviewed for administration: City Manager A,px�� d as to form and legality: -2- City = to rney • • ORDINANCE NO. 1139 Cntitled: AN ORDINANCE AMENDING SECTIONS 6:414, ENTITLED HEARINGS, 6:420 ENTITLED AND 6:422 ENTITLED APPEALS OF ORDINANCE NO. 1101 ADOPTED JANLHAPY 19, 1971 RELATING TOr CT OFFICIAL NAPS �; '"' Gate Vv ;lye 3/15�71p;aiv3d,_`_ 3/22/71 7- ved 5 0 D to 3/25/71 Effective Date 4/9/71 'C^de Reference 0. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. State of Minnesota iS. County of Hennepin Bloomington, Minnesota J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun 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 punted 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 ,copies regularly delivered to paying subscribers, has an average of at least 75% of its total lation currently paid or no more than three months in arrears and has entry as second-class er m its local post -office (5) Said newspaper purports to serve the City of St Louis Park 1,, the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its 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 news- paper and business related thereto (6) Said newspaper 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 publication mentioned below (8) 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 printers Ordinance no. ,1139 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one Ruccessive weeks, that it was first so published on thin. the 25th day of March , 19 71 and was thereafter printed and published on every to and including the day of 19- and that the following is a printed copy he lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being toe size and kind of type used in the composition and publication of said notice, to -wit. abcdefghi j klmnopgrstuvwxyz abcdefgh hjklm nopgrstuvwxvz Subscribed and sworn to before me thic 25th day of March , 1871 (Notarial Seal) Alice J Nelson, Notary Public, He epin County, Minn My Commission Expires December 26, 1973 (Official Publication) MARCH 22,1971 • 7A ORDINANCE NO 1139 ' AN ORDINANCE AMENDING SECTIONS 6 414, ENTITLED HEARINGS, 6 420 EN- TITLED EFFECT AND 6 422 ENTITLED APPEALS OF ORDINANCE NO 1101 ADOPTED JANUARY 19, 1971 RELATING TO OFFICIAL MAPS THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 The following sections of Ordi- nance No 1101 relating to Official Map are hereby amended to read as folbws Section 6 414 Hearings At the time set for the hearing', the City Council shall hear arguments for and against such proposed Official Map and may continue said hearing from time to time not exceed sixty (60) days from the original da te specified in the no- tice of hearing Final vote on the proposed change shall be taken within pne hundred and eighty (180) days after the hearing is closed Section 6 420 Effect After an official map has been adopted and filed, the issu- ance of budding permits by the municipality shall be subject to the provisions of this sec- tion The officer responsible for issuing building permits shall deny all applications for permits to expand existing buildings or structures or to establish new bulldogs or structures witfun the area identified for a public purpose on the Official Map or on property outside any building lines as shown on said Official Map, unless such permit is for an improvement not exceeding 65 000 within any twelve (12) month'period as de- termined by the Building Depaztreent If a permit is so granted its issuaee shall not impair the full force and effdctivenss of the Official Map Whenever any street or high- way is widened or improved or any new street is opened or interests in lands for other public purposes are aCqulred by the City it shall not be required In such pro- ceedings to pay for any building or structure placed without a permit or In violation of conditions of a permit within the limits of the mapped street or outside of any budding line that may have ,been established upon the existing street or within any area/thus identified for public purposes The adoption of an official map does not give the mumci- pality any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the municipality to acquire such interests with- out paving compensation for buildings or structures erected in such areas without a permit or in'iaolation of the condition of a permit Section 6 422 Appeals If a building per- mit is denied because of the requirements of this ordinance, the City Council shall hale the power upon appeal filed by the owner of the land and upon receiving the recommen- dation and advice of the Planning Commis- sion, to grant a building permit in such loca- tion in any case in which the Council finds upon the evidence and arguments presented to it, (a) that the entire property of the ap- pellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted and (b) that balancing the interest of the municipality in preserv- ing the integrity of the official map and of the Comprehensive Plan and the interest of the owner of the property in the use of his property and in the benefits of ownership the grant of such permit is required by con- siderations of justice and equity If a permit is so granted, its issuance shall not impair the full force and effectiveness of the Offi cial Map Failure of the Planning Commis- sion to report on the proposal witlun sixty (60) days after such referral or such period as may be designated by the City Council shall be deemed to have satisfied the re- quirements of this ordinance The City Council shall hold a hearing on the appeal and there shall be published a notice of said hearing In the official newspaper once at least ten (101 days before the day of the hearing H the City Council authorizes the issuance of a permit the City Council or other boards cr commissions having juris- diction shall have six (6) months from the date of the decision of the Council to insti- tute proceedings to acquire such land or in- terest therein and if no such proceedings are started within that time the officer responsible for issuing building permits shall issue the permit if the application oth- erwise conforms to local ordinances The City Council shall specify the exact loca- tion, ground area type of construction height building bulk and other details as to the extent and character of the building for which the permit is granted provided such specifications are permitted within the zon- ing district applicable to the site and provid- ed such specifications are not contrary to the building code Section 2 Violation and Penalty Any per son, firm corporation or voluntary asso- ciation which violates or refuses to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not more than Three Hundred Dollars (1300 00) for every offense a to emprimnment not exceeding ninety (90)'days or both Each day that a violation as permitted to exist shall constitute a separate offense Section 3 This ordinance shall take effect fifteen days after its publication Adopted by the City Council March 22 1971 s/FRANK HOWARD Mayor Attest s/EARL HANSON City Clerk Approved as to form and legabty s/WAYNE POPHAM City Attorney Reviewed for administration i CHRISCHERCHES City Manager (Mar 25 1971)—SLP I , t File No Affidavit of Publication ST. LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of 4