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HomeMy WebLinkAbout1374 - ADMIN Ordinance - City Council - 1977/07/05ORDINANCE NO. 1374 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE BY ADDING SECTIONS 14-104(68), 14-104(69), 14-104(70), 14-104(71), 14-104(72), and 14-104(73); BY AMENDING SECTIONS 14-120, 14-121, 14-122, and 14-123; BY ADDING SECTION 14-123.10 RELATING TO FLOOD PLAIN DISTRICT: AND BY AMENDING 14-218 and 14-223(3). THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code is amended by adding Sections 14-104(68), 14-104(69), 14-104(70), 14-104(71), 14-104(72), and 14-104(73). Section 14-104(68). Channel. The natural or artificial depression of perceptible extent along Minnehaha Creek with a definite bed and bank to confine and conduct flowing water either continuously or periodically. Section 14-104(69). Floodway. The channel and adjacent area of Minnehaha Creek that must be kept free of encroachments in order that the 100 -year flood may be carried in the channel and adjacent area with no more than a 0.5 feet increase in flood height. Section 14-104(70). Flood Plain. All of that area subject to flooding which can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Section 14-104(71). Floodway Fringe. That portion of the flood plain between the floodway of Minnehaha Creek and the boundary of the 100 -year flood plain. Section 14-104((72). Flood Protection Elevation. The flood protection elevation corresponds to a point one foot above the water surface profile associated with the regional flood and is designated on the zoning map. Refer to: Flood Insurance Study, U.S. Dept. of Housing and Urban Development, December, 1976, Community No. 270184A, for regional flood profiles. 4 —Section 14=104'(73).--Equal—Degree of_Encroachment._ _A_method of determining the, location of encroachment lines so that the hydraulic capacity of flood p_lain.lands on each side of a stream are reduced by an equal_ amount when calculating the increases in flood stages due to flood plain encroachments. Section 2. The St. Louis Park Ordinance Code, Sections 14-120, 14-121, 14-122, and 14-123, are amended to read: Section 14-120. Districts. For the purpose of this ordinance, the City of St. Louis Park is hereby divided into the following Use Districts and groups of Use Districts: "R" DISTRICTS R-1 Single Family Residence District R-2 Single Family Residence District R-3 Two Family Residence District R-4 Multiple Family Residence District "B" DISTRICTS R -B Residence - Business District B-1 Neighborhood Business District B-2 General Business B-3 Business District "I" DISTRICTS I-1 Industrial District I-2 Industrial District I-3 Industrial District "PUD" DISTRICT PUD Planned Unit Development District "DDD" DISTRICT DDD Diversified Development District Reference in this ordinance to "R", "B", "I", "PUD" and "DDD" Districts shall refer to the Use District Groups as above set forth, and reference to specific Use District shall be by reference - to the individual districts listed above as "R-1", "R-2", and so forth. - (Sec. 14-120 amended by Ordinance 1302, October 6, 1975) 2 Floodway-and Flood Plain District. In addition, there is hereby created the F=1 Fl oodway_and_F,2-F-1 ood-P-1 a -i n -Di s -tri cts which_have specific-zoning=regulations superimposed upon - existing zoning districts and which supersede the underlying use district regulations- only to the extent expressed in the provisions, of the flood plain district. In all other aspects, the regulations of the underlying zoning use districts are applicable. Section 14-121. Map. The boundaries of the above districts are hereby established as shown on the zoning map, as amended, which map is in the Office of the City Clerk, hereinafter referred to as the "Zoning Map" or "map", which map and all of the nota- tions, references and other information shown thereon shall have the same force and effect as if fully set forth herein and are hereby made a part of this ordinance by reference and incorporated herein as fully as if set forth herein at length. Section 14-122. Boundaries. District boundary lines, as indi- cated on said map, follow lot lines, the center lines of streets or alleys, the center lines of streets or alleys projected, rail- road right-of-way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective - date of this ordinance. If district boundary lines do not follow any of the above-described lines, the district boundary lines are established as drawn on the Zoning Map. Where a District Boundary line divides a lot of record which was in single ownership at the time of enactment of this ordinance and -places portions of such lot of record in two (2) or more Use Districts, any portion of such lot within fifty (50) feet on either side of such a dividing District Boundary line may be used for any use of either Use District; provided, however, if any portion of such lot shall extend beyond the fifty (50) foot limitation, the District line as_shown shall prevail. (1) Appeals from the Zoning Administrator's determi- nation and questions of doubt concerning the exact location of District boundary lines shall be heard by the Board of Zoning Appeals and a recommendation made to the City Council. (2)_ Whenever -any street, -al-ley -or-other public way - - is vacated by official action of the City, the zoning district abutting the center line of said alley or_public way shall not be affected by such proceeding. 3 1 1 (3) Appeals from the boundaries of the F-1 and F-2 district shall be made to the Zoning Administrator, and a topographic survey shall be provided indicating the flood protection elevation on the survey and the Tocation and elevation of all proposed structures. The Zoning Administrator shall notify the Commissioner of the State Department of Natural Resources at least ten days prior to the granting of any per- mit in the case of an appeal regarding the flood plain boundary. Section 14-123. F-1 Floodway District. The F-1 Floodway District shall consist of the floodway along Minnehaha Creek. No building or structure or any portion thereof shall be con- structed or placed within the F-1 Floodway District, nor shall there be any grading, filling or excavating of land except as is required for flood plain management or encroachments of any kind established on any property, private or public, within the F-1 Floodway District. The floodway dedicated to the public after the adoption of this Ordinance may be counted for density purposes and usable open space for permitted uses in the underlying district. Section 3. The St. Louis Park Ordinance Code is amended by adding Section 14-123.10 to read: Section 14-123.10. F-2 Flood Plain District. (1) Purpose and Intent. The F-2 District is established to insure the protection of Minnehaha Creek, bodies of water, and adjoining wetlands within the City in order to maintain a high quality of surface water, provide for ground water infiltration, control the quality and extent of surface water runoff, provide an opportunity for an ecological balance within flood plain areas, to maintain and preserve the natural environment through sound land -use controls and flood plain management, and to insure the protection of land uses from the hazards of flooding. (2) Special Permit Required. No building or structure or land use of any kind shall be constructed or placed within any F-2 Flood Plain District unless a special permit is granted; nor shall there be any installation of utilities, grading, filling or excavating of land or any encroachments of any kind established on any lands within any F-2 Flood Plain District unless a special permit is granted. Only those uses permitted in the underlying distr_i_ct_may be_gr_anted_a-special permit. --No special.permi-t shall -be -granted within - the F-2 Flood Plain District except in accordance with the -following -regulations: - (a) No special permit shall be granted unless an adequate easement or deed is provided for property over and along each side of Minnehaha Creek or an established body of water for the purpose of widening, deepening, sloping, improving or protecting the beds, banks, and flood plain for drainage, parkway and other recreational use, except on property previously platted in accordance with permit or approval of the City. Property dedicated in accordance with this subdivision may to the extent stated in the terms and conditions of the special per- mit, be used to meet density requirements, floor area ratio, ground floor area ratio and yard requirements. (b) No special permit shall be issued which will increase the height of flood waters by more than 0.5 feet. (c) No special permit shall be issued which would result in the placement of nonrecreational permanent buildings in areas unfit for human usage by reason of danger from flooding, unsani- tary conditions, or other hazards. The level of the lowest floor including basement shall not be at an elevation less than the flood protection elevation. (d) No special permit shall be authorized which would result in land uses incompatible with and detrimental to the protection of surface and ground water supplies, or which would increase danger to life or property. No special permit shall be authorized for a use which would pro- vide-pri-vate-sanitary sewer-or-private-sani= - - tary water supplies. All public utilities and facilities -such as gas, electrical, sewer and water supply systems to be located in the F-2 Flood Plain District shall be designed and constructed in a manner_to-eliminate potentia -1 damage from flooding and resulting pollution of surface waters or sanitary water supplies.' (e) No special permit shall be authorized for structures which will increase the financial burdens imposed on the community and its individuals -through increasing floods and overflow of water onto land areas not in the F-1 or F-2 District. (f) (9) No outside storage shall be permitted in the F-2 district except for self-propelled vehicles in parking lots and storage tanks for fuel, chemi- cal, and similar products which are anchored to prevent flotation; and all openings and vents provided to said tanks shall be located above the flood protection elevation. No special permit shall be authorized without certification by a registered professional engineer or architect that the finished fill and building elevations or other flood pro- tection measures are accomplished in accordance with this ordinance. (h) No motor home, mobile home, travel trailer, or similar living unit not placed upon a permanent foundation with all of the conditions of Sec- tion 14-123(2) of this ordinance, shall be parked or placed in the F-2 district. (i ) (j) No special permit shall be authorized until the City has provided the Commissioner of the State Department of Natural Resources at least ten days written notice of the application. Residential structures shall be elevated on fill to the flood protection elevation and said elevation shall extend out beyond the structure in all directions a minimum of 15 feet. Fill shall be compacted and slopes shall be protected by rip rap or a vegetative covering to maintain proper slopes. Slopes shall not exceed a 3 to 1 ratio. Commercial and industrial structures shall be elevated to the flood protection ele- vation; however, the fill need not extend out beyond the exterior walls of the structure when it can be demonstrated that the fill is properly stabilized and not subject to washing or erosion by flood waters. (k) Prior to the issuing of any building permit for a special permit granted in the F-2 district, the Zoning Administrator shall certify that the appli- cant has obtained all necessary state and federal permits and that all conditions of the special permit have been satisfied. 1 1 Section 4. The St. Louis Park Ordinance Code, Sections 14-218 and 14-223 (3) are amended to read: Section 14-218. Issuance. In considering applications for variance under this ordinance, the City Council shall consider the advice and recommendations of the Board of Zoning Appeals and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area, and the effect of the proposed variance upon the Compre- hensive Plan. If the City Council shall determine by resolution that the special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property, and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant and that granting the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of this ordinance and the Comprehensive Plan, and that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hard- ship or difficulty, the City Council may grant such variance and impose conditions and safeguards therein. The City Council shall not grant a variance in the F-2 district to permit a structure to be placed at an elevation lower than the flood protection elevation. Section 14-223(3). Notice. The City Council upon receiving the recommendation of the Planning Commission respecting any proposed change, or after sixty (60) days from the submission thereof to the Planning Commission without a recommendation, shall consider the same, and if a majority of the Council are in favor thereof, notice of a regular or special meeting, at which a public hearing will be had thereon, shall be given by publication at least once in the official newspaper, not less than ten (10) days and not more than thirty (30) days prior to said hearing, stating the time and place thereof, description of property to be changed and a general statement of the nature of the proposed change. Not less than ten (10), nor more than thirty (30) days prior to said hearing, a copy of said notice shall be also served, in the manner provided by law for service of a summons in a civil action, upon all known adult occupants of the actual land proposed to be changed, and a copy of said notice shall be mailed by the City Clerk to all owners of said land, as the same appear upon the records of the County Auditor of Hennepin County, and addressed to the last known address, as shown by said Auditor's records; provided that such notices need not be served on, or mailed to, persons who have signed a written petition for rezoning. A copy of said notice shall be likewise mailed to all owners of property situated within three hundred fifty (350) feet of the property to be rezoned, as the same then appear on the records of the County Auditor. If attempt is made in good faith to serve all persons in the manner and at the times above provided, failure to serve one (1) or more through inadvertence shall not invalidate the proceedings. Proof of service shall be made by the affidavit of the persons serving same and shall be filed with the City Clerk. Section 14-223(3) Amended by Ordinance 1287, April 7, 1975) The Commissioner of the Department of Natural Resources shall be notified at least ten days in advance of the public hearing amending the boundaries of the F-1 and F-2 district. F-1 or F-2 boundaries shall not be amended unless the City provides adequate information to the Commissioner of the Department of Natural Resources that the map is in error or the lands are adequately protected from flood. Section 5. That this Ordinance shall take effect fifteen days after its publication. ATTEST: AdAP (25444-,1-/ 'City Clerk Reviewed for administration: Adopted the City Council on July 5, 1977 Mayor Approved as to form and legality: Acting City Manager g ity torney 6601 W. 78th St. State of Minnesota County of Hennepin SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARK SUN 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 at 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 printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least columns devoted to news of local once each week. (3) Said newspaper has 50% of its news 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, plf newspaper is circulated in and near the municipality 500 copies regularly delivered to paying subscribers, ha circulation currently paid or no more than three month matter in its local post -office. (5) Said newspaper purl Golden Valley School District No. 275 and Robbinsdal of Hennepin and it has its known office of issue in established and open during its regular business ho advertisements and sale of subscriptions and mainta newspaper or persons in its employ and subject to h regular business hours and devoted exclusively during said newspaper is printed. (6) Said newspaper files a State Historical Society. (7) Said newspaper is made to any person, corporation, partnership or other ur newspaper and'making the applicable payment. (8) foregoing conditions for at least one year preceding th below. (9) Said newspaper has filed with the Secretar' 1, 1966 and each January 1 thereafter an affidavit in State and signed by the managing officer of said ne public stating that the newspaper is a legal newspaper He further states on oath that the printed hereto attached as a part hereof was cut from the coli and published therein in the English language, once e that it was first so published on Wed the (Official Publication) ORDINANCE NO. 1374 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE BY 'ADDING` SECTIONS 14-104(68), 14-104(69), 14-104(70), 14.104(71), 14-109(72), and 14-104(73); BY AMENDING SECTIONS 14-120, 14-121, 14-122, and 14423; BY AD- DING SECTION 14-123.10 RELAT- ING TO FLOOD PLAIN DISTRICT: AND BY AMENDING 14-218 and 14-223(3). THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordi- nance Code is amended by adding Sections 14-104(68), 14-104(69), 14-104 (70), 14-104 (71), 14-1.4 (72) and 14-104 (73). Section 14-104(68). Channel, The natural or artificial depres- sion of perceptible extent along .'Minnehaha Creek with a definite bed and bank to confine and con- duct flowing' water either con- tinuously or periodically. Section 14-104(69). Floodway. The channel and adjacent area of Minnehaha Creek that must be kept free of encroachments in order that the 100 -year flood may be carried in the channel and adjacent area with no more than a 0.5 feet increase in flood height. Section 14-109(70). Flood Plain. All of that area subject to flooding which can be expected to occur on: an average frequency in .the magnitude of the 100 -year re- currence interval. eeurrenceinterval. Section 14-104(71). Floodway Fringe. That portion of the flood plain between the floodway of Minnehaha Creek and the bound- ary of the 100 -year flood plain. Section 14-104(72). Flood Pro- tection Elevation. The flood pro- tection elevation corresponds to a point one"toot above the water surface profile associated with the regional flood and is desig- nated on the zoning map. Refer to: Flood Insurance Study, U.S. Dept. of Housing and Urban De- velopment, December, 1976, Community No. 270184A, for reg- ional flood profiles. Section 14-104(73). Equal De- gree of Encroachment. A method of determining the location of en- croachment lines n-croachmentlines so that the hyd- raulic capacity of flood plain *.-lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to flood plain en- croachments. Section 2. The St. Louis Park Ordi- nance Code, Sections 14-120, 14-121, 14-122, and 14-123, are amended to read: Section 19-120. Districts. For the purpose of this ordinance, the City of St. Louis Park is hereby divided into the following Use Districts and groups of use Dis- tricts: "R" DISTRICTS 10-1 Single Family Residence Dis- trict R-2 Single Family Residence Dis- trict R-3 Two Family Residence District R-4 Multiple Family Residence Dis- trict "B" DISTRICTS R -B Residence - Business District B-1 Neighborhood Business District B-2 General Business B-3 Business District "I" DISTRICTS. I-1 Industrial District I-2 Industrial District I-3 Industrial District "PUD" DISTRICT PUD Planned Unit Developmen District "DDD" DISTRICT DDD Diversified Development Dis- trict Reference in this ordinance to. "R„ "B" "I", "PUD" and "DDD" Districts shall refer to the Use District Groups as above set forth, and reference to specific Use Districts shall be by reference to the individual dis- tricts listed above as "R-1", "R-2", and so forth. (Sec 14-120 amended by Ordi- nance 1302, October 6, 1975) Floodway and Flood PlainDis- trict. In addition, there is hereby created the F-1 Floodway and F-2 Flood Plain Districts which have specific zoning regulations superimposed upon existing zon- ing districts and which supersede the underlying use district regu- lations only to the extent expres- sed in the provisions of the flood plain district. In all other" aspects, the regulations of the underlying zoning use districts are appliea- and was thereafter printed and published on every_ the day of , 19 a of the lower case alphabet from A to Z, both inclusiv the size and kind of type used in the composition and abcdefghijklmnopqrstuv Subscribed and sworn to before me thio 1 3 x MAA/' Virv'ivvLAAMAAAAAA.NAMA. MUR;EL L. QUIST NOTARY PUBLIC -- (MINNESOTA HENNEPIN COUNTY My Comm. Expires July 28, 1978 TiVVVWVWVVYVV'VVVWW ing the exact `location of District boundary lines shall be heard -by the Board of Zoning Appeals and a recommendation made to the City Council. (2) Whenever any street, alley or other public way is vacated by of- ficial action of the City, the zon- ing district abutting the center Brie of said alley or public way shall not be affected`by such 1pro- ceeding. (3 frm theboundaries of the F-1 an `F -2 -district shall be made to the Zoning Adminis- _ trator, and a topographic survey shall be .provided indicating, the flood protection elevation on the survey and the location and ele- vation;of all proposed structures. The Zoning Adninis(rator shall notify the Commissioner of the State Department of Natural Re- • sources at least ten days prior to the granting of any permit' in the case of, an appeal regarding the flood' plain botindary. Section 19-123. F-1 Floodway .District49te E-1 ,Flggdway is - tris halconsistfif theflo way along; Mitlnelth"Cte0.t';No' building or strudture or anypor- tion thereof shall be constructed or placed within the F-1 Flood - way District, nor shall there be any;grading, filling or excavating of land e' eept as is requited for Heed .plain management ot croachments of any kind estab- lished on,anyjroperty, private or ' public within' F-1 Floodway, Districi. The fl, *ay dedicated to the public after the adoption of this Ordinance may be counted fir, density purposes and usable open space for permitted uses in the underlying district. Section 3. The St. Louis Park Ordi- nance Code is amended by adding Section 14-123.10 to read: Section 14-123.10.,F-2 Flood Plain District, (1) Purpose and Intent. The F-2 District is established to insure the protection of Minnehaha Creek, bodies of water, and ad- joining wetlands within the City in order to mainatin a high qual- ity -of surface water, provide for ground water infiltration, control the quality and extent of surface water runoff, provide an oppor- tunity for an ecological balance within flood plain areas, to'main- tain and preserve, the natural en- vironment through sound land - use controls and flood plain man- agement, and to insure ft! ?pro- tection of land uses from the hazards of flooding. (2) Special Perrnit Required. No. building or structure or land use of any kind shall be constructed or placed within any F-2 Flood Plain District unless a special permit is granted; nor shall there be any installation of , utilities, grading, filling or'exca"vating of land or any encroachments of any kift'd'established on -any lands with atiF-0�, Flood iPlain `Dis- ts90 unless:` a;afae l permit is OW. d. `9nly- Mos fee,s permit - 'in the erlyintdt filet may be granted a special permit. No special permit shall be granted within the F-2 Flood Plain Dis- tridt except 10 a 9' dance with the follbiv ioi "`z , (a) N8 shall be • granted' unf :'equate easement tit d * 'ided for progeaeh side of ivsm ib gi - r. k of an estab- lished body of ter for the pur- pose of vnf ling', "deepening, sto}l1ng; 11 tp0Oving and protect- ing thebedds, banks, and flood plain for drainage, parkway and other recreational use, except on property previously platted in accordance with permit or ap- proval of the City. Property dedi- cated In accordance with this subdivision may to the extent stated in the terrnsand conditions of the special permit, be used to ' meet density requirements, floor area ratio, ground floor area ratio and yard requirements.' (b) No special permit shall be issued which will increase the - height of flood waters by more than 0.5 feet. (c) No special permit shall be issued which would result in the placement of nonrecreational permanent buildings in areas unfit for human usage by reason of danger from flooding, unsanit- ary conditions, or other hazards. The level of the lowest floor in- cluding basement shall not be an elevation less than "the flood pro- tection elevation. (d) No special permit shall be authorized which would result in land uses incompatible with and detrimental to the rotection of surface and ground water sup- plies, or which would increase danger to life or property. No special' permit shall be au- thorized for a use which would provide private sanitary sewer or private sanitary water, supplies. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be lo- cated in the F-2 Flood Plain Dis- trict shall be designed and con- structed in a manner to eliminate potential damage from flooding andplies. resulting pollution of surface waters or sanitary water sup - (e) No special permit shall be authorized for structures which will increase the financial bur- dens imposed on the community and its individuals through in- creasing floods and overflow of water onto land areas not in the • F-1 or F-2 District. (If) No outside storage shall be permitted in the F-2 district ex- cept for self-propelled vehicles in parking lots and storage tanks for fuel, chemical, and similar pro - duets which are anchored to pre- vent flotation; and all openings and vents provided to said tanks shall be located above the flood protection elevation. (g) No special permit shall be authorized without certification by a registered professional en- gineer or 'architect that the fin shed fill and building eleva- tions or other flood protection measures are accomplished in accordance with this ordinance. (h) No motor' home, mobile home, travel trailer, or similar living unit not placed upon a permanent foundation with all of the conditions of Section 14-123(2) of this ordinance, shall be parked or placed in the F-2 distrtict. (i) No special permit shall be authorized until the City has pro- vided the Commissioner of the State Department of Natural Re- sources at least ten days written ' notice of the application. (j) Residential structures shall be:elevated on fill to the flood pro- tection elevation and saideleva- .tion shall extend out beyond the 'structure in all directions a minimum of 15 feet. Fill shall be compacted and slopes shall be protrected by rip rap or a vega- tive covering to maintain proper. Stopes. Slopes shall not exceed a 3 to 1 ratio. Commercial and indus- trial structures shall be elevated to the flood protection elevation; however, the fill need not extend out beyond the exterior walls of the structure when it can be de- monstrated that the fill is prop- erly stabilized and not' subject to washing or erosion by flood wat- ers. (k) Prior to the issuing of any building permit for a special permit granted in the F-2 district, the -Zoning Administrator shall certify that the applicant has ob- tained all necessary state and federal permits, and that all con- ditions of the special permit have been satisfied. Section 4. The St. Louis Park Ordi- (; nance Code, Sections 14-213 and 14-223 (3) are amended to read: rekri : . Section 14-219. Issuance." In Section 14-121. Map. The boun- daries of the above districts are hereby established as shown on the zoning map, as amended, which map is in the Office of the City Clerk, hereinafter referred to as the "Zoning Map" or "map," which map and all of the notations, references and other information shown thereof shall have the same force and effect as if fully set forth herein and are hereby made a part of this ordi- nance by reference and incorpo rated herein as fully as if set forth herein at length. Section 14422. Boundaries. District boundary lines, as indi- cated on said map, follow lot lines, the center lines of streets or alleys, the centerlines of streets or alleys projected, railroad - right-of-way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this. ordi- nance. 'If district boundary lines do. not any of the above described lines, the district boun- dary lines are established as drawn on the Zoning Map. Where a District Boundary line divides a lot of record which was in single ownership at the time of enact - gent of this ordinance acid places portions of such lot of record in two (2) or more Use Districts, any portion of such lot within fifty (50) feet on either' side of such a dividing District Boundary line ' may be used for any use of either Use District; provided, however, if any portion of such lot shall ex- tend beyond the fifty (50) foot limitation, the District line as shown shall prevail. (1) : Appeals " from . the Zoning Administrator's determination and questions of doubt concern considering applications for var- iance under this ordinance, the City; Council shall consider the advice and recommendations of the Board of Zoning Appeals and the effect of the proposed var- iance upon the health, safety and walfare of the community, exist- ing and anticipated traffic condi- tions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. If the City Council shall determine by resol- ution that the special conditions applying to the structure or land in questionuliar to such property or iimmmedThiely-adjoin-- ing property, and do not apply generally to other land or struc- tures in the district in which said land is located, and that the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant and that granting the proposed variance will not impair an ad- quate supply of light and air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the pub- lic safety, unreasonably diminish or impair established property values in the surrounding area or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intentof this ordinance and the Comprehensive Plan, and that the granting of such variance will not merely serve as a conveni- ence to the applicant, but is- necessary snecessary to alleviate demonstr- able hardship or difficulty, the City Council may, grant such var- iance and impose conditions and safeguards therein. The City Council shall not grant a variance in the F-2 district to permit a structure to be placed at an elevation lower than the flood protection elevation. Section 14-223(3). Notice. The City Council upon receiving the recommendation of the Planning Commission respecting any proposed change, or after sixty (60) days from the submission thereof to the Planning Commis- sion without a recommendation, shall consider the same, and if a Majority of the Council are in favor thereof, notice of a regular or special meeting, at which a public hearing will be had thereon, shall be given by publi- cation at least once in the official newspaper, not less than ten (10) days and not more than thirty (30) days prior to said hearing, stating the time and place thereof, description of property to be changed and a general state- ment of the nature of the prop- osed change: Not less than ten (10), nor more than thirty (30) days prior to said hearing, a copy of said notice shall be also served, in the manner provided by law for service of a summons in a civil action, upon all known adult oc- cupants of the actual land prop- osed to be changed, and a copy of said notice shall be mailed by the City Clerk to all owners of said land, as the same appear upon the records of the County Auditor of Hennepin County, and addres- sed to the last known address, as shown by said Auditor's records; provided that such notices need not be served on, or mailed to, persons who have signed a writ- ten petition for rezoning. A copy of said notice shall be likewise mailed to all owners of property situated within three hundred fifty (350) feet of the property to be rezoned, as the same then ap- pear on the records of the County Auditor. If attempt is made in good faith to serve all persons in the manner aria -at the times above provided,:. failure to serve one (1) or more through inadver- tenee shall hot invalidate the pro- ceedings. Proof of service sh*'• be made by the affidavit of persons serving same and shall be filed with the City Clerk. Section 14-223 (3) Amended by Ordinance 1287, April 7, 1975. The Commissioner of the Department of Natural Resources shall be notified at least ten days in ad- vance of the public hearing amending the boundaries of the F-1 and F-2 district. F-1 or F-2 boundaries shall not be amended unless the City provides adequate information to the Commissioner of the Department of Natural Re- sources that the map is in error or the lands are adequately pro - 11 od ro- 11ood section 5. That this Ordinance shall take effect fifteen days after its pub- lication. Adopted by the City Council on July 5, 1977. (s) IRVING M. STERN Mayor ATTEST: (s) EARL E. HANSON City Clerk Reviewed for administration: (s) DAVID R. RUDBERG Acting City Manager Approved as to, form and legality: (s) WAYNE G. POPHAM City Attorney (July 13, 1977)—SLP-GV