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09-16-1991 Planning Packet
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09-16-1991 Planning Packet
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ORDINANCE NO. 96,2nd Sen«s <br />' AN ORDINANCE ESTABLISHING AN <br />INTERIM MORATORIUM ON THE <br />GRANTING OF LAND SUBDIVISIONS THAT <br />HAVE NOT RECEIVED PRELIMINARY <br />... / ...APPROVAL FROM THE CfTYi' • : <br />Laxe Minnetonka and associated bays <br />and <br />THE CITY OF.ORONO ORDAINS! <br />.»■ ..... <br />' The Municipal Code of the City ol Orono <br />is amended by addins Ordinance No. 92:2nd <br />Sariaa:. .. --------- <br />All properties within the City of Orono <br />, ^ted within 300 feet or the flood plain of the <br />j lWIowing tributaries; _• „ . r .• <br />Creek (Sections 30. 3i T118N R23W) -------. ■ <br />Bay Creek* (Sections 32. 33 <br />m.SSI R23W and Sections 4.* 5 T117N <br />Creek* (Sections 27. 34 <br />^V* <br />CII» a, C'MI.-: (s.c^on. <br />• R23W and Sections 3^10 T117N R23W) <br />Lake Creek* (Sections 6. 7 T17N <br />■ aubdivision of land teiihin 1.000 feet of lakes <br />and 300 feet or'the flood plain of certain <br />tributaries within the limits. The City is in <br />the: process, of studying and preparing <br />comprehensive emendment of Its shoreline <br />regubufons. The City Councfl finds that there is- <br />an ovenwhelming probability that shoreline <br />regulations will need to be updated and <br />revised. The City Councfl also finds that such <br />amendments cannot be accomplished until <br />furtf^ study has besn competed and a <br />R231 <br />hearir^heid. <br />Jnca enactment of such amendments <br />wil undoubtedly modify existing regulations <br />oonoeming subdivision of land, the processing <br />of applieaoons during this interim period would <br />be detrimental to the effectuation of proposed <br />standard amendments and contraiy to the' <br />purpose of the zoning enabling acL Minnesota <br />Statutes 4S^3S1. at seo. The City Councy <br />further finds that it woiM be unwise, improper, <br />and ur^ust to allow individual development to <br />mxur during this soidy period and would allow <br />discriminaiion and unfair advantage to a few <br />10 the detriment of the entire City. Therefore, <br />the City Council finds it necessary and <br />appropnate to adopt an Interim Ordinance <br />pursuant to Minnesota Statutes 462.355. <br />Subd.4. <br />SECTION. 2. Rflatrjctioni an th* <br />Graniinfl of Subdivision Aijplicananii bn ian/< <br />subdivision applicaiions. except (or those that <br />already have received preliminaiy approval <br />and for a subdivision application of a property <br />governed by a settlement agreement between <br />tne Cities of Long Lake and Orono. shall be <br />granted for any purpose that would be <br />inconsistent with die applications as of the <br />date of adoption of this Ordinance and to any <br />subsequent applications. <br />SECTION <br />IWQ <br />section 4. Duration This ordinance <br />srwl be effective.lor a period of.one year, <br />unless the City Council determines that it is no <br />longer required because the requisite studies <br />have been completed and adopted and that <br />appropriate evaluation and action, including <br />any necessary revisions of. the Zoning Code, <br />have been finalized..The duration of this <br />Ordinance may be extended by adoption of a <br />subsequent ordinance, for a total additional <br />period of eighteen months <br />• • SECTTON 5. Vw(ancag~The City Council <br />may crant a vahanoe to this Ordinance if the <br />City Council finds aftar careful review of all the <br />facts that a proposal is not contrary, to the <br />intent of the Comprehensive Plan, that it is <br />compatible with the zoning and official control <br />amendments being considered by the City, <br />that it promotes the health.'eafety, and welfare <br />ol the citizens, and that a failure to grant a <br />variance would create a hardship for the <br />applicanL <br />SECTION 6. Seoarabililv Every section, <br />provision, or part of this Ordinance is declared <br />separable from every other section, provision, <br />or part and. If any secoon, provision, or part <br />thereof or action taken'hereunder shall be <br />held invalid, it shall not affect any other <br />sec ’on. provisron, or part <br />S^TrTON 7. Effective Dau» Thi< <br />Ordinance is effective upon adoption by the <br />City Council. <br />Adopted by the City Council of the City of <br />Orono on the 26th day of August. 1991, bv a <br />vuM of 4 ayes and 0 nays. . <br />3. Restricted Area The <br />portion of the City of Orono that shall be <br />subtect to the restrictions of this Ordinance is <br />all the land contained within the area <br />described as follows;' <br />Air properties within the City of Orond <br />locaied within 1,000 feet of the Ordinary High <br />VMiler Mark of the foUowing lakes: ' . <br />-. Lake Katrina ■ - . <br />ATTEST! <br />Dorothy M. Halim, City Clerk <br />Barbara A. Peterson. Mayor <br />STATE OF MINNESOTA) <br />) ss <br />COUNTY OF HENNEPIN) <br />The <br />LakeClass«.m <br />Dickeys Lake <br />WolsfeldLake <br />Long Lake <br />LydiardLaka <br />Mooney Lake <br />Hadley Lake <br />Tanager Lake <br />French Lake <br />Forest Lake <br />n I <br />foregoing instrument was <br />acknowledged before me on this day August. <br />1991. by Barbara A. Peterson and Dorothy M. <br />HalKn. Mayor & City Clerk of the City of Orono. <br />a Minnesota municipal corporation and said <br />Instrument was oxecuted on behalf of the City. <br />f •*.Notary Public <br />^ —m ____ V* ^ <br />Laker a/id Pioneer Sept. 2, <br />1 <br />Affidavit of Put <br />State of Minnesota. County of <br />Bill Holm, being duly sworn, on <br />an authorized agent and empic <br />of the newspaper known as THE <br />nesota. and has full knowledge c <br />stated below; <br />A.) The newspaper has compliec <br />ments constituting qualificatic <br />newspaper, as provided by <br />331A.02, 331A.07. and other <br />amended. <br />B.) The printed <br />which is attached was cut from <br />newspaper, and was printed and <br />week for ____ / <br />It was first published Monda <br />the day of <br />and was thereafter printe(^l a <br />Monday, to and including Me <br />the day of <br />KJUSn HOLh <br />notary PUBUC - MIN <br />HENNEPIN COU! <br />Ily ooiranisston rntpires <br />Subscribed and sworn to me on <br />day of <br />/ / <br />/?/i/ /'/>?IJy 0 n <br />By: <br />/ /Dmn <br />.iMteklll
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