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HomeMy WebLinkAbout1538 - ADMIN Ordinance - City Council - 1982/01/041 ORDINANCE NO. 1538 JANUARY 4, 1982 8e AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO APPLICATION FEES: Sections 6-111, VACATION; 14-203, INTERPRETATION; 14-215, SPECIAL PERMITS; 14-221, VARIANCES; 14-224, REZONING AND TEXT AMENDMENTS; AND 14-303(2)(ii), PLATS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Municipal Code, Sections 6-111, 14-203, 14-215, 14-221, 14-224, and 14-303, is amended as attached: i (4) Hearing. At the time and place specified in said notice, the City Council shall conduct a public hearing on the petition or proposal, and at any time following such hearing the City Council may vacate or discontinue the public utility easement, highway, street or alley, or portion thereof, in accordance with the petition or proposal, upon adoption of an ordinance to that effect by vote of at least five members of the Council. (5) Notice of Completion. Upon the adoption of such an ordinance the City Clerk shall prepare and file with the Register of Deeds of Hennepin County a notice thereof as required by law. (6) Fee. The fee required by Section 6-111 shall be paid to the City Treasurer. Section 6-111. Street, Alley, and UtilityEasement Vacations. No petition to vacate a street, alley or utiity easement or portion thereof, shall be filed with the City Clerk until those petitioning therefor shall pay to the City Treasurer the sum of One Hundred Fifty Dollars ($150.00). If the Council denies the petition prior to publication of notice of hearing, one-half (1/2) of the fee shall be refunded to the petitioner. (Sec. 6-111 Amended by Ordinance 1356, December 20, 1976) (Sec. 6-111 Amended by Ordinance 1488, November 17, 1980) 1 Janury, 1982 89 1 (3) Before a determination of an appeal from action -by the Zoning Administration, the appeal shall be referred immediately by the City Manager to the -Board of Zoning Appeals for study and recommendation at -its next regular meeting occuring not less than seven (7) days after the filing of the notice of appeal. The'Board may conduct such hearings as it may deem advisable and shall prescribe what notice, if any, shall be given of such hearing. (4) The City Council shall by motion after the -filing of the notice of appeal set a date for hearing thereon, not earlier than seven (7) -days after'nor--more than sixty (60) days after the next regular meeting date of the Board of Zoning Appeals. (5) Notice of the hearing of the appeal before the Council shall be given by mail to all applicants. In all cases involving determination of boundary lines of district, or interpretation of the text of the ordinance, ten (10) days published notice of hearing in the official newspaper shall be given. (6) If the recommendation of the Board of Zoning 'Appeals is not transmitted to the City Council prior -to the date of hearing, the City_Council may take action without further awaiting such recommendation. (7) Upon hearing, any party may appear in person_or by agent or by attorney. The decision of the Council shall be by resolution. A copy of the resolution of the City Council shall be mailed to the -applicant by the City Clerk. (8) Fee for Appeal (Interpretation). A fee of $150 shall be charged for all requests for appeal or interpretation of the Ordinance. Section 14-204. Building Permits. No building permit shall be issued unless the building or structure and proposed use of the land comply with this ordinance. All applications for building -permits for -the erection, structural alteration or enlargement of a structure shall be accompanied by'a duly certified survey in triplicate, drawn -to scale and in such form as niay be prescribed by the Zoning Administrator showing the location and actual dimensions of the lot to be built upon, the dimensions of the proposed structure to be erected or structurally altered, its location upon the lot and January, 1982 655 Section 14-214. Action without Planning Commission Recommendation. If no recommendation is transmitted by the Planning Commission within 60 days after referral of the application for special permit to the Commission, the City Council may take action without further awaiting such recommendation. Section 14-215. Special Permits. No application for a special permit under the provisions of the St. Louis Park Zoning Ordinance, as amended, shall be filed until the applicant shall have paid to the City Treasurer the sum as designated in the following schedule: SPECIAL PERMIT FEE SCHEDULE Flood Plain: Single Family Other All other Special Permits including Integrated Develop- ment Unit $100 300 300 Minor Amendments to Approved Special Permits 150 (Sec. 14-215 anc,nded by Ordinance 1356, December 20, 1976) (Sec. 14-215 amended by Ordinance 1450, September 4, 1979) (Sec. 14-215 amended by Ordinance 1488, November 17, 1980) January, 1982 660 1 1 1 J (7) Any special permit or site plan approval duly granted by the City is hereby deemed to be abandoned, revoked and cancelled by the Permittee if all conditions in- cluded in the granting of the special permit or site plan approval are not met within a specified time which shall be set by the City Council. (Sec. 14-220(7) amended by Ordinance 1371, June 6, 1977) Section 14-221. Variances. No application for a variance from the provisions of the St. Louis Park Zoning Ordinance as amended, shall be filed until the applicant shall have paid to the City Treasurer the sum of $150, except for properties that are one -family detached dwellings which shall pay the sum of $100. (Sec. 14-221 amended by Ordinance 1488, November 17, 1980) January, 1982 666 records; provided that such notices need not be served on, or mailed to, persons who have signed a written petition for the 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. (Sec. 14-223(3) Amended by Ordinance 1287, April 7, 1975) (Sec. 14-223(3) Amended by Ordinance 1374, July 5, 1977) (4) Hearings. At the time set for the hearing, the City Council shall hear arguments for and against said proposed change, and may continue said hearing from time to time not exceeding sixty (60) days from the original date specified in the notice of hearing. Final vote on the proposed change shall be taken within said sixty (60) days. Section 14-224. Fees. (1) Rezoning and Amendments to the Text. No application for change in the boundaries of any zoning district or for change to the text of the Zoning Ordinance shall hereafter be filed until the petitioner or petitioners shall have paid to the City Treasurer the sum of $300; however, request for Planned Unit Development (PUD) zoning and amendments thereto shall be $400. In cases where the City Planning Commission shall initiate proceedings for rezoning and text amendments, the Council may require that such payment be made by owners of property involved before making such change. Section 14-225. Special Procedure for Comprehensive Rezoning. (1) Area. Whenever the Planning Commission shall recommend a comprehensive rezoning of a substantial portion of the City, consisting of not less than fifty (50) lots of platted area or five (5) acres of unplatted area, to conform to changing conditions, the City Council may make effective all or a part of said recommendations by amendment to this ordinance, and in such case the provisions of Section 14-223 shall not be applicable; but the procedure for such amendment shall be as follows January, 1982 (2) Maps. A map or maps shall be prepared and filed in the office of the City Clerk, which shall show all streets and lands in the area proposed to be rezoned in sufficient detail to enable identification thereon of each platted lot and each parcel of ground and clearly indicating all zoning regulations which are proposed to he applicable to the land shown on such map or snaps by the Zoning Ordinance of the City of St. Louis Park as the same will be in force and effect if the proposed amendment for rezoning is adopted. 669 Section 14-303. Procedure. (1) Sketch Plan. (a) Subdividers are invited to prepare, for review with the Planning Director, subdivision sketch plans which; in`order to be most useful, should contain the following information: tract boundaries, north point; streets on and adjacent to the tract; significant topographical and physical features, proposed general street layout, and proposed general lot layout. (b) Such sketch plans submitted shall be for informal and confidential discussion between the subdivider and the Planning Director. Submission of a subdivision sketch plan shall not constitute formal filing of a plat. (c) As far as may be practicable on the basis of a sketch plan, the Planning Director shall informally advise the subdivider as promptly as possible of the extent to which the proposed -subdivision conforms to the design standards of this Ordinance and discuss possible plan modifications necessary to secure conformance. (2) Preliminary Plan. Before subdividing any tract of land the subdivider shall submit a preliminary plan of'the subdivision for the approval of the City Council in the following manner. (a) Submission. (i) Filing. Six (6) copies of the preliminary plan shall be filed with the Planning Director. The required filing fee shall be paid and any necessary applications for variances from the provisions of this and related ordinances shall be filed with the plan in the proper City office to complete the official filing. (ii) fee of $150 plus -$25 for each lot in excess of four in the R-1, R-2, R=3 - Districts not to exceed $1,200 or $360 plus $55' for each acre in -excess of four in any other district not -to exceed $2,400 shall -be paid to -the City Treasurer for the preliminary and final plats. No 'additional fee is required with respect to the - final plat application: 03,-3(2. 14-3030;) (ii) amended by Ord. 1356, 12/20/76 and by 0 d. 1488, 17/17/80) January, 1982 677 Section 2. This ordinance shall take effect 15 days after its publication. Adopted by the City Council January 4, 1982. (-4Ltev„/ 'City Clerk C2upe..4 ybil40.4 Mayor Reviewed for administration: Approved as to form and legality: City Attorney AP y Manager r f • • • 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN 924 Excelsior Avenue West Hopkins, Minnnesol State of Minnesota County of Hennepin D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been tl vice president and general manager of the newspaper know as The St Louis Park Sun and has ft knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language newspaper format and in column and sheet form equivalent in printed space to at least 900 square inche (2) Said newspaper is a weekly and is distributed at least once every 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 do not wholly duplicate any other publication and is not made up entirely of patents, plate matter ai advertisement (4) Said newspaper is circulated in and near the municipalities which it purports I 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 secon class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Par Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennep and it has its known office of issue in the City of Hopkins in said county, established and open during regular business hours for the gathering of news, sale of advertisements and sale of subscriptions ai maintained by the managing officer of said newspaper or persons in its employ and subject to t direction and control during all such regular business hours and devoted exclusively during such regul business hours and at which said newspaper is printed (6) Said newspaper files a copy of each tss immediately with the State Historical Society (7) Said newspaper is made available at single subscription prices to any person, corporation, partnership or other unincorporated associate requesting the newspaper and making the applicable payment (8) Said newspaper has complied with foregoing conditions for at least one year preceding the day or dates of publication mentioned below ( Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and ea January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by t1 managing officer of said newspaper and sworn to before a notary public stating that the newspaper is legal newspaper He further states on oath that the printed Ordinance No . 1538 hereto attached as a part hereof was cut from the columns of said newspaper, and was print and published therein in the English language, once each week, forone successive week that it was first so published on Wed the 13 day of Jan 19 82 and was thereafter printed and published on every to and includm the day of 19 and that the following is a printed cop of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size an kind of type used in the composition and publication of said notice, to wit abcdefghi,)klmnopgrstuvwxyz Subscribed and sworn to before me this (Official Publication) ORDINANCE NO 1538 AN ORDINANCE AMENDING THE ST LOUIS PARK MUNICIPAL CODE RELATED TO APPLICATION FEES Sections 6-111, VACATION, 14-203, ` INTERPRETATION, 14-215, SPECIAL PERMITS; 14-221, VARIANCES, 14-224, REZONING AND TEXT AMENDMENTS, AND 14-303(2)(i1), PLATS THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 The St Louis Park Mu- nicipal Code„Sections 6-111, 14-203, 14-215, 14-221-0 14-224, and 14-303 is amended as att*Ned Section 6-111. Street, Alley, and Utility Easement Vacations No peti- tion to vacate 8 street, alley or utility easement or portion thereof, shall be filed with the City Clerk until those petitioning therefor shall pay to the City Treasurer the sum of One Hun- dred Fifty Dollars ($150 00) 11 the Council denies thu fleution prior to publication of noNce'd4 hearing, one- half (v,) of the fee shall be refunded to the petitioner (8) -Fee for -.Appeal (Interpretation). A fee of $150 shall be charged for ' all requests for appeal or in- terpretation of the Ordinance Section 14-215. Special Permits No application for special permit under the provisions of the St Louis Park Zoning Ordinance, as amended, shall be filed until the applicant shall have paid to the City Treasurer the sum as designated in the following schedule SPECIAL PERMIT FEE SCHEDULE Flood Plain `” Single Family �,':r $100 Other All other Special Per)nits including Integrated Development,t nit.' 300 Minor Amendments to Approved Spacipl.l#ermits 150 Section 14-221 , Hariances No ap- plication for a variance from the provisions of the SttTLouis Park Zon- ing Ordinance as amended, shall be filed until the apllicant` shall have paid to the City Treasurer the sum of 5150, except for properties that are one -family detached dwellings which shall pay the sum of $100 Section 14-224 Fees (1) Rezoning and Amendments to the Text. No application for change in the boundaries of any zoning dis- trict or for change to the text of the Zoning Ordinance shall here- after be filed unul the petitioner or petitioners shall have paid to the City Treasurer the sum of 5300, however', request for Planned Unll Development (PUD) zoning and amendments thereto shall be 5400 In cases where, the City Planning Commission shalt initiate proceed- ings for rezaninp the text amend- ments the Council may require that such payment be made by owners of property involved !before making such change Preliminary Plat (11) Filing Fee' A fee of $150 plus $25 for each lot in excess of four in the R-1, R-2 R-3 Districts not to exceed $1,200 or 5360 plus $55 for each acre in excess of four in any other district hot to exceed $2,400 shall be paid to the City Treasurer forthe preliminary and final plats 'Nb additional fee is required with respect to the final plat application Section 2 This ordinance shall take effect 15 days after its publication Adopted by the City Council Janu- ary'l, 1982 300 , Attest (s). EARL E' HANSON City Clerk Reviewed for administration (s) JAMES L BRIMEYER { City Manager Approved as to,form and legality (s) WAYNE G POPHAM City Attorney (Jan 13, 1882) -SLP (s) PHYLLIS McQUAID Mayor day of Jan 19 82 6-----, , ,,ME?!DEEL M. HEDBLOM 1:% : ` ` NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986