HomeMy WebLinkAbout1588 - ADMIN Ordinance - City Council - 1983/01/03REPLACEMENT
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ORDINANCE NO. 1588
REPLACEMENT
AN ORDINANCE RELATED TO SPECIAL PERMITS, VARIANCES AND SITE -
PLAN APPROVAL, AMENDING THE ST. LOUIS PARK ORDINANCE CODE BY
ADDING SECTIONS 14-104(80), 14-210 thru 14 -210.4(a) -(d),
14-210.11 & 14-210.12; REPEALING SECTIONS 14-213, 14-215.104,
14-219; AMENDING AND/OR RENUMBERING SECTIONS 14-210.4 thru
14-211.2, 14-213 thru 14-220.2(1)-(7)
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The attached sections of the St. Louis Park Ordinance Code
have been amended, added, renumbered or repealed as indicated by the
italics:
f
107:111.3)A19?"
(76) Car Wash. An area where a structure or where land
is equipped iped with mechanical equipment and facilities
for washing automobiles, and which is not an
incidental car wash as defined in the following Sub-
section 77.
(Sec. 14-104(76) amended by Ord. 1564, July 19, 1982)
(77) Incidental Car Wash. An area where a structure is
equipped with mechanical equipment and facilities for
washing automobiles and which facilities form a part
of a motor fuel station or an automobile repair
facility and which is incidental thereto and
which does not include a conveyor system and such
area shall not consist of more than one bay of a
motor fuel station or an automobile repair garage,
and which does not include coin-operated self-service
washing of cars.
(78) Multiple -Family Dwelling. A residential building
containing more than two dwelling units.
(79) Hotel -Apartment. A hotel in which up to 25 percent
of the total units may be used for dwelling
purposes.
(1976 Subsections 55, 56, 57 & 58 administratively renumbered 76, 77, 78
& 79 and replaced in Code April, 1982, due to clerical deletion in Jan., 1981)
(80) Undue Hardship. Undue hardship means the property in
question cannot be put to a reasonable use if used under
conditions allowed by the official controls, the plight
of the landowner is due to circumstances unique to his
property not created by the landowner, and the variance,
if granted, will not alter the essential character of
the locality. Economic considerations alone shall not
constitute an undue hardship if reasonable use for the
property exists under the terms of the ordinance.
(Sec. 14-104(80) added by Ord. 1588, 1/3/83)
January 26, 1983
552.5
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GENERAL PROVISIONS
Special Permits, Variances, Site -Plan Approval
Section 14-210. The following sections 14-210.1 to 14-210.12 shall apply
to all special permits, variances and site plan approvals:
(New Section 14-210 added by Ord. 1588, 1/3/83: Former 14-210 renumbered
as 14-211.1)
Section 14-210.1. Hearings. No special permit, variance or site -plan
approval shall be adopted until a public hearing has been held thereon by
the City Council. A notice of the time, place and purpose of the hearing
shall be published in the official newspaper of the City at least ten days
prior to the date of hearing.
When a special permit, variance or site -plan approval involves changes in
zoning boundaries of five acres or less, a similar notice shall be' mailed
at least ten days before the date of the hearing to each owner of affected
property and property situated wholly or partly within 350 feet of the property
to which the special permit, variance or site -plan approval relates. For
the purpose of giving mailed notice, the person responsible for mailing the
notice may use any appropriate records to determine the names and addresses
of owners. A copy of the notice and a list of the owners and addresses to
which the notice was sent shall be attested to by the responsible person and
shall be made a part of the records of the proceedings. The failure to give
mailed notice to individual property owners, or defects in the notice shall
not invalidate the proceedings provided a bona fide attempt to comply with
this section has been made.
(Sec. 14-210.1 added by Ord. 1588, 1/3/83)
Section 14-210.2. Modifications. The City Council may impose reasonable
conditions in any special permit, variance or site -plan approval and may,
at any time, modify the conditions of an existing special permit, variance
or site -plan approval as changing circumstances warrant. No such modifica-
tion may be made until a public hearing has been held by the City Council
pursuant to the procedure outlined in Section 14-210.1, except minor modi-
fications having little or no impact on neighboring property and the general
public shall require only notice to the holder and the approval of the City
Council.
I(Sec. 14-210.2 added by Ord. 1588, 1/3/83)
January 26, 1983 '
659
Section 14-210.3. Filing. A certified copy of the resolution approving a
special permit, variance, site -plan approval, or modification thereof, including
the legal description of the property at issue, shall be filed with the
Hennepin County Recorder or Hennepin County Registrar of Titles.
(Sec. 14-210.3 added by Ord. 1588, 1/3/83)
Section 14-210.4. Abandonment, Revocation and Cancellation (of Special
Permit, Variance or Site -Plan Approval). Any variance, special permit or site -
plan approval 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
Holder under the conditions hereinafter set forth.
(Former Section 14-220(1) renumbered 14-210.4 and amended by Ord. 1588,
1/3/83)
(a) IftheZoning Administrator determines that any holder of an
existing special permit, variance or site -plan approval has violated
any of the conditions or requirements contained therein, applicable
laws or ordinances, he shall notify the holder in writing of the
violation. Deposit in the U.S. Mail, addressed to the address of
the applicant stated on the original application, shall constitute
service of the notice. In addition, notice shall be personally
served upon the occupant of the premises which is the subject of
the special permit, variance or site -plan approval, but if no occu-
pant can be ascertained or found, notice shall be posted upon such
premises. Service shall be effective as of the date of mailing,
personal service or posting, which occurs last.
(Sec. 14-210.4(a) added by Ord. 1588, 1/3/83)
(b) The notice shall specify that after the expiration of ten days from
the date of service, the special permit, variance or site -plan
approval shall be terminated by operation of law without further
action or proceeding unless the holder requests in writing a hearing
before the City Council.
(Sec. 14-210.4(b) added by Ord. 1588, 1/3/83)
(c) In the event a hearing is requested by the holder, the City Manager
shall set a time for such a hearing not less than ten days and not
more than 20 days after the request, at which time relevant informa-
tion regarding the alleged violation shall be presented to the City
Council. After receiving such information, the City Council may
revoke, suspend or impose further conditions on the special permit,
variance or site -plan approval.
(Sec. 14-210.4(c) added by Ord. 1588, 1/3/83) P
January 26, 1983
660
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(d) In the case of a violation which is an immediate threat to health
and safety, the time periods provided in Section 14-210.4 may be
reduced by the Zoning Administrator or City Manager, as the case
may be, where necessary to protect public safety, health or welfare.
(Sec. 14-210.4(d) added by Ord. 1588, 1/3/83)
Section 14-210.5. After One Year, No Construction Required. All variances,
special permits and site -plan approvals 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,
variance or site -plan approval and if the holder of the special permit,
variance or site -plan approval shall have failed to make actual use of the
premises in accordance with the provisions contained therein.
(Former Sec. 14-220(2) renwnbered 14-210.5 and amended by Ord. 1588, 1/3/83)
Section 14-210.6. After One Year, New Construction Required. All variances,
special permits and site -plan approvals 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, special permit or
site -plan approval if a new structure is required or alterations or sub-
stantial repairs to an existing building are required in connection with the
use in a special permit, variance or site -plan approval and the holder shall
fail to complete the work on or before the final day of such period of a
year, and shall fail to have a valid building permit outstanding authorizing
such work.
(Former Sec. 14-220(3) renwnbered 14-210.6 and amended by Ord. 1588, 1/3/83)
Section 14-210.7. Upon Occurrence of Certain Events. All special permits,
variances and site -plan approvals shall be deemed to be abandoned or revoked
and cancelled if the holder 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 are required, and in the event a new structure
is required in connection with the use in the special permit, variance or
site -plan approval 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:
(a) Upon change in the zoning use district for such lands made by
amendment to the zoning ordinance duly passed by the City Council.
January 26, 1983
661
(b) Upon commencement of eminent domain proceedings as to all or any
part of the premises described in the special permit, variance or
site -plan approval.
(c) Upon the use described in such special permit, variance or site -
plan approval becoming an illegal activity under the laws of the
United States of America or the State of Minnesota.
(d) Upon the forfeiture of the title to all or part of lands
described in such special permit, variance or site -plan approval
to the State of Minnesota for nonpayment of taxes.
(e) Upon voluntary filing by Holder any time, of a written statement
with the City Clerk identifying the special permit, variance or site -
plan approval by describing the land involved or stating the
resolution number under which the special permit, variance or site -
plan approval was granted and stating therein that Holder has
abandoned the same.
(f) Upon taking any lawful action by Holder with respect to the
premises or making lawful use of the premises which is inconsistent
with the provisions of such special permit, variance or site -plan
approval.
(Former Sec. 14-220(4) renumbered 14-210.7 and amended by Ord. 1588, 1/3/83)
Section 14-210.8. Extension of Time. The City Council may grant one or
more 90 -day extensions of time under Sections 14-210.5, 14-210.6 and
14-210.10 beyond the termination date for such special permit, variance or
site -plan approval. The fee for such extensions shall be $75.00 for each
request for extension of time, provided however, that at the time of
granting such extension the City Council may waive such fee and direct the
return of a part or all thereof to the applicant if the City has not
incurred additional expense by reason thereof. Said request for extension
of time must be filed with the City Manager before the termination date of
said special permit, variance or site -plan approval or extensions thereof,
but such request shall not be filed more than 21 days before said termina-
tion date or the termination date in an extension thereof.
(Former Sec. 14-220(5) renumbered 14-210.8 and amended by Ord. 1588, 1,'3/83)
Section 14-210.9. Abandonment of Existing Special Permits, Variances and
Site -Plan Approvals. As to all special permits, variances and site -plan
approvals granted prior to the effective date of this ordinance, the period
of one year for the purposes of computing time of abandonment and cancella-
tion shall commence with the effective date of this ordinance, and as to all
special permits, variances and site -plan approvals granted hereafter, the
period of one year shall commence with the date of the adoption of the
resolution granting the same.
(Former Sec. 14-220(6) renumbered 14-210.9 and amended by Ord. 1588, 1/3/83)
January 28, 1983 662
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Section 14-210.10. Abandonment if Conditions Not Met or Use Discontinued.
Any special permit, site -plan approval or variance duly granted by the City
is hereby deemed to be abandoned, revoked and cancelled by the Holder if
all conditions included in the granting of the special permit, site -plan
approval or variance are not met within a specified time which shall be set
by the City Council, or if the approved use is discontinued for a period
of more than two years.
If an extension is requested by the owner of the property on which said
special permit has been discontinued prior to the end of said two years,
the City Council may consider or approve, by resolution, such requested
extension if the City Council finds the use to be acceptable and sufficient
reason exists to grant an extension; however, such extension shall not be
granted which would allow the discontinued use to extend more than an
additional three years beyond the original two years.
(Sec. 14-220(7) amended by Ord. 1371, 6/6/77)
(Former Sec. 14-220(7) renumbered 14-210.10 and amended by Ord. 1588, 1/3/83)
Section 14-210.11. Denial. Variances, special permits and site -plan
approvals may be denied by resolution of the City Council and such resolu-
tion shall constitute a finding and determination by the City Council that
the conditions required for approval do not exist.
(Sec. 14-210.11 added by Ord. 1588, 1/3/83)
Section 14-210.12. Duration and Enforcement. Special permits, variances
and site -plan approvals shall remain in effect as long as the conditions
agreed upon therein are observed and maintained. Any person responsible for
observing and maintaining those conditions who fails to do so shall be
guilty of a misdemeanor.
(Sec. 14-210.12 added by Ord. 1588, 1/3/83)
January 26, 1983
663
Special Permits
Section 14-211.1 General - The City Council may by resolution grant
special permits for uses and purposes elsewhere in this ordinance
provided, and may impose conditions and safeguards in such permits
to protect the Comprehensive Plan in harmony with the general purpose
and intent of this ordinance and the Comprehensive Plan.
Applications for special permits shall include a site plan.
(Sec. 14-210 Amended by Ordinance 1258 April 15 1974)
(Sec. 14-210 renumbered 211.1 by Ord. 1588, 1/3/83)
Section 14-211.2 Referral to Planning Commission. Before authorization
of any special permits, the request therefor shall be referred to
the Planning Commission for study concerning the effect of the proposed
use on the Comprehensive Plan and on the character and development
of the neighborhood, and for its recommendation to the City Council
for the granting of such special permit and the conditions thereof,
if any, or for the denial of such special permit.
(Sec. 14-211 renumbered 211.2 by Ord. 1588, 1/3/83)
Section 14-212. Issuance. In considering application for special
permits under this ordinance, the City Council shall consider the
advice and recommendations of the Planning Commission and the
effect of the proposed use upon the health, safety, and welfare
of occupants of surrounding lands, existing and anticipated
traffic conditions, including parking facilities on adjacent streets
and the effect on values of property in the surrounding area, and
the effect of the proposed use on the Comprehensive Plan. If it
shall determine by resolution that the proposed use will not be
detrimental to the health, safety or general welfare of the community
nor will cause serious traffic congestion nor hazards, nor will
seriously depreciate surrounding property values, and that the same
is in harmony with the general purpose and intent of this ordinance
and the Comprehensive Plan, the Council may grant such permits and
may impose conditions and safeguards therein.
(Former Sec. 14-213 (Denial) repealed by Ord. 1588; Sec. 14-214 renumbered
14-213)
(See Sec. 14-210.11 for Denial)
January 26, 1983
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Section 14-213. 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.
(Seca 14-214 renumbered 213 by Ord. 1588, 1/3/83)
Section 14-214. 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 amended by Ordinance 1356, December 20, 19 76)
(Sec. 14-215 amended by Ordinance 1450, September 4, 1979)
(Sec. 14-215 amended by Ordinance 1488, November 17, 1980)
(Sec. 14-215 amended by Ordinance 1538, 1/4/82)
(Sec. 14-215 renumbered 214 by Ord. 1588, 1/3/83)
January 26, 1983
665
SITE -PLAN APPROVAL
Section 14-215. General. The City Council declares it necessary
and appropriate to initiate a provision of requiring Site Plan Approval
of development in certain districts to preserve and promote attractive,
well-planned stable development not subject to special permit review
and action for property located in the "DDD" district. The Council
may, by resolution, grant approval of a Site Plan Approval application
and may impose conditions and safeguards to protect the adopted plan
of the area and the City and to insure harmonious development consistent
with the general purpose and intent of this ordinance and the City's
Comprehensive Plan. Applications for Site Plan Approval shall be on the
form provided by the City and shall contain a site plan.
The City Council may not deny an application for a site plan approval
because of the particular permitted use which is maintained or proposed
by the applicant nor shall the City Council impose unreasonable condi-
tions because of objection to the permitted use; however, the City
Council may take into consideration the impact of the site plan in
determining its reasonableness. In those instances where the property
of an applicant is improved with an existing permitted use, the
Council shall take into consideration the existing building design,
site improvements, and existing site plan in considering the adequacy
of the site plan application.
(Sec.
14-215.101. Added by Ordinance Z37Z, June 6, 1977)
(Sec. 14-215.101 renumbered 14-215 by Ord. 1588, 1/3/83)
Section 14-216. Referral to Planning Commission. Before authoriza-
tion of the City Council for any Site Plan Approval, the request therefore
shall be referred to the Planning Commission for review. Said review
shall include: interrelationship with the plan elements to conditions
both on and off the property; conformance to the adopted plan for the
area and the City's Comprehensive Plan; the impact of the plan on the
existing and anticipated traffic conditions including parking and
traffic volumes; the effect of the plan on values of property in the
surrounding area; and the adequacy of the plan with respect to land use;
pedestrian and vehicular ingress and egress; parking; building location;
height, materials, orientation, exterior treatment and color; landscaping;
lighting; provisions for utilities including drainage run-off; open
space; loading and•unloading areas; grading; signing; screening; setbacks;
and other related matters.
(Sec. 14.215.102. Added by Ordinance 1371, June 6, 1977)
(Sec. 14-215.102 renumbered 14-216 by Ord. 1588, 1/3/83)
Section 14-217. Issuance. In considering applications for Site Plan
Approval under this ordinance, the City Council shall consider the advice
and recommendation of the Planning Commission and the effect of the
proposed, site plan upon the health, safety, and welfare of the occupants
of the surrounding land, existing and anticipated traffic conditions
including parking facilities, effects on values of property in the
surrounding area, effect of the site plan on the Comprehensive Plan, and
the adequacy of the plan element as described in Section 14-216.
If it shall determine, by resolution, that the proposed Site Plan
January 26, 1983
666
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Approval Application will not be detrimental to the health, safety
or welfare of the community nor will cause traffic congestion or
seriously depreciate surrounding property values and at the same
time is in harmony with the purposes and intent of this ordinance, the
plan for the area and the Comprehensive Plan, the City Council may
grant such Site -Plan Approval and may impose conditions and safe-
guards therein.
(Sec. 14-215.103 added by Ord. 1371, 8/6/77)
(Sec. 14-215.103 renwnbered 14-217 and amended by Ord. 1588, 1/3/83)
(Sec. 14-215.104 added by Ord. 1371, 6/6/77)
(Sec. 14-215.104, Denial, repealed by Ord. 1588, 1/3/83)
(See Sec. 14-210.11 for Denial)
Section 14-218. Action Without Planning Commission Recommendation.
If no recommendation is transmitted by the Planning Commission
within 60 days after referral of the application for Site -Plan
Approval to the Commission, the City Council may take action without
further awaiting such recommendation.
(Sec. 14-215.105 added by Ord. 1371, 6/6/77)
(Sec. 14-215.105 renwnbered 14-218 by Ord. 1588, 1/3/83)
666.1
JaNuary 26, 1983
Variances
Section 14-219. General. The City Council may grant variances from
the strict applicatirn of the provisions of this ordinance and impose
conditions and safeguards in the variances so granted, in cases where
by reason of narrowness, shallowness, or shape of a lot, or where by
reason of exceptional topographic or water conditions ()rather
extraordinary and exceptional conditions of.such lot, the strict
application of the terms of this ordinance would result in peculiar
and practical difficulties or exceptional or undue hardship upon
the owner of such lot in developing or using such lot in a manner
customary and legally permissible within the zoning district in
which said lot is located. Applications for variances shall be
filed with the Zoning Administrator and shall state the exceptional
=conditions of the lot and the peculiar and practical difficulties
claimed as a basis for a variance.
(1) Applications. All applications for variances shall
be initiated by the petition of the owner or owners
of .the property, shall be accompanied by a map or
plat showing the lands proposed for variance and
all lands within 350 feet of the
boundaries of the property proposed for variance,
together with the names and addresses of the owners
of the lands in such area as the same appear on the
records of the County Auditor of Hennepin Count
(Sec. 14-216 renumbered 14-219 & amended by Ord. 1588, 1/y3/83)
Section 14-2204 Referral to Board of Zoning Appeals. Before
authorization of any variances, the request therefor shall be
referred to the Board of Zoning Appeals for study concerning the
effect of the proposed variance, upon the Comprehensive Plan and on
the character and development of the neighborhood, and for its
recommendation to the City Council for the granting of such
"variance from the 'strict application of the provisions of this
ordinance so as to relieve such difficulties or hardship to the
degree considered reasonable without impairi-ng the intent and
purpose of this ordinance and the Comprehensive Plan. The Board
shall recommend such conditions related to the variance regarding
the location, character, and other features of the proposed building,
structure, or use'as it may deem advisable.
January 26, 1983
Notice. The City Council, upon receiving the recommendation of
the oard of Zoning Appeals, respecting any proposed variance, or
after sixty (60) days from the submission thereof to the Board of
Zoning Appeals without a recommendation, shall consider the same,
and if 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 according to the procedure outlined in
Section 14-210.1 of this Code.
Hearings.
At the time set for the hearing, the City Council shall hear
arguments for and against said proposed variance, and may continue
said hearing from time to time not exceeding 60 days from the
original date specified in the hearing notice. Final vote on the
proposed variance shall be taken within said 60 days.
(Sec. 14-217 renumbered 14-220 and amended by Ord. 1588, 1/3/83)
Section 14-220.1.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 Comprehensive 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
666.3
February 3, 1983
a convenience to the applicant, but is necessary to alleviate
demonstrable undue hardship 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.
(Sec. 14-218 amended by Ord. 1374, 7/5/77 and Ord. 1388, 10/17/77)
(Sec. 14-218 renumbered 14-220.1 & amended by Ord. 1588, 1/3/83)
(Former See. 14-219, Denial, repealed by Ord. 1588, 1/3/83)
(See Sec. 14-210.11 for Denial)
Section 14-220.2. Action Without Board of Zoning Appeals Recommendations.
If no recommendation is transmitted by the Board of Zoning Appeals
within sixty (60) days after referral of the application for variance
to the Board, the City Council may take action without further awaiting
such recommendation.
(Sec. 14-220 renumbered 14-220.2 by Ord. 1588, 1/3/83)
(Ord. 1588, 1/3/83, renumbered & amended the following subsections of
Former Sec. 14-220:
Subsection (1) to Sec. 14-210.4
►► (2) to ►► 14-210.5
►r (3) to r► 14-210.6
r► (4) to ►r 14-210.7
r► (5) to r► 14-210.8
►► (6) to r► 14-210.9
►► (7) to ►► 14-210.10
Section 14-221. Fees. No application for a variance from the
provisions of this Code, 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 Ord. 1488, 11/17/80; and Ord. 1538, 1/4/82)
666.4
January 26, 1983
Section 2. Penalty. Persons violating the provisions of this
ordinance shall be guilty of'a misdemeanor.
Section 3. Effective Date. This ordinance shall take effect 15
days after its publication (January 27, 1983).
Adopted by the City Council January 3, 1983.
Reviewed for Administration:
1
ty Manager
Y J1
ident Pro Tem
Approved as to f
/%
City ttorney
and legality:
0
SUN
NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUIS PARK SUN
(Official Publication)
ORDINANCE NO 1588
AN ORDINANCE AMENDING THE
ST LOUIS PARK ORDINANCE
CODE RELATING TO SPECIAL
PERMITS AND VARIANCES BY
ADDING SECTIONS 14-211.1,
14-213 1, 14-219 1, 14-219 2, 14-220(8),
DELETING SECTION 14 221, AND
AMENDING SECTIONS 14-220(1)
AND 14-220(7)
Summary This ordinance defines
the phrase "undue hardship" and
filing of certified copies of resolutions
relative to variances, sets forth re-
quirements for a public hearing and
filing of certified copses of resolutions
for special permits, and amends pro-
visions dealing with 'abandonment,
revocation, and cancellation for spe-
cial permits and variances .
Effective Date. This ordinance
shall take effect fifteen days after its
publication i
Adopted by the City,Councll Janu-
ary 3, 1983
(s)'LYLE W HANKS
President Pro Tem
A copy of the full text of this or-
dinance is available for inspection
with the City Clerk
(Jan 12, 1983) -SLP
924 Excelsior Avenue West Hopkins, Minnnesota
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 the
vice president and general manager of the newspaper know as The St Louts 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 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 does
not wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement (9) Said newspaper is circulated in and near the municipalities which it purports to
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 second-
class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park,
Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin
and it has its known office of issue in the City of Hopkins 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 of said newspaper or persons in its employ and subject to his
direction and control during all such regular business hours and devoted exclusively during such regula,
business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue
immediately with the State Historical Society (7) Said newspaper is made available at single or
subscription prices to any person, corporation, partnership or other unincorporated association
requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9)
Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each
January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the
managing officer 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 printed Ordinance No . 1588
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 successive weeks
17 that it was first so published on_ Wed the 12 day of January 1983
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit
a bcdefg h i) kl m nopq rstu v wxyz
Subscribed and sworn to before me this
12
MERIDEL M. HEDBLOM
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My commission expires July 2, 1986
W7, r
day of January 19 83