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. . OflDINAriCE NO. 96.2nd Series ■4.
<br />' AN ORDINANCE ESTABLISHING AN .
<br />• INTERIM MORATORIUM ON THE
<br />GRANTING OF LAND SUBDIVISIONS THAT
<br />HAVE NOT RECEIVED PRELIMINARY r
<br />APPROVAL FROM THE CITY.• • • • • • •
<br />« I
<br />THE CITY OF ORONO ORDAINS;
<br />' The KAinicipal Code of the CiN oI Orono
<br />it amended by adding Ordinance No. 92:2nd
<br />Series: - •• ■
<br />SECTION 1. Statement of Policy The
<br />City CounciL finds that the City is presently
<br />faced with the potential of applications for
<br />subdivision of land within 1,000 feet of takes
<br />and 300 feet or the flood plain of certain
<br />tributaries within the City limits. The City is in
<br />the process of studying and preparing
<br />comprehensive amendment of its shoreline
<br />regulations. The City Council finds that there is
<br />an overwhelming probability that shoreline
<br />regulations will need to be updated and
<br />revised. The City CoundJ also finds that such
<br />amendments cannot be accomplished until
<br />further study has bean competed and a
<br />hearifM held.
<br />Since enactment of such amendments
<br />wiB ur)doubtedly modify existing regulations
<br />concerning subdivision of land, the processing
<br />of applicaoons 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 act, Minnesota
<br />Statutes 4S2.3S1. et seo. The City Council
<br />further finds that it would be unwise, improper,
<br />and urriust to allow individual development to
<br />ir durino this studv oeriod and would allowoccur during this study period and would allow
<br />discrimination and unfair advantage to a lew
<br />to 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, SuJbd. 4.
<br />SECTION 2. Restrictions on the
<br />Granting of Siihdivision Aoplirationn No land
<br />subdivision applicaoons, except tor those that
<br />already have received preliminaiv approval
<br />plication of a propertyand for a subdivision application
<br />Mvamed by a settlement agreement between
<br />ffte Cities of Lono Lake andCities of Long Lake and Orono, shall be
<br />granted for any purpose that would be
<br />inconsistent with the applications as of the
<br />date of adoption of this Ordinance and to any
<br />stA)sequent applications.
<br />SECTION 3. Restricted Area The
<br />oortion of the City of Orono that shall be
<br />S;A>ject to Ihe restrictions of this Ordinance is
<br />atf the land contained within the area
<br />deeaibed as follows:
<br />• AIT properties within the City of Orono
<br />located within i .000 feet of the Ordinary High
<br />Water Mark of the following lakes:
<br />take Minnetonka and associated bays
<br />and •w . >
<br />All properties within the City of Orono
<br />located within 300 feet or the flood plain of the
<br />foltowing tributaries: ■
<br />' •• Painters Creek (Sections 30, 31 Til8N
<br />R23W)
<br />"Stubbs Bay Creek* (Sections 32, 33
<br />T118N R23W and Sectio.-'s 4, 5 Tll7N
<br />R23W)
<br />•Dickey Lake Creek* (Sections 27. 34
<br />T118N R23W)
<br />■WolsfeldfHoly Name Creek* (Sections
<br />' 26.27.3ST118N R23W) ' ' '
<br />Long Lake Creek (Sections 34 35 Tl 18N
<br />R23W and Sections 3.10 T117N R23W)
<br />•Forest Lake Creek* (Sections 6. 7 Tl7N
<br />R23V\^
<br />ECTION 4. Duration. This ordinance
<br />shall be effective for a period nf one year,
<br />unless the City Coundl 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 t>j extended by adoption of a
<br />subsequent ordinance, for a total additional
<br />period of eighteen months.
<br />SECTKION 5. Variances. The City Counal
<br />may grant a variance to this Ordinance if the
<br />City Council finds after 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 />compaoble with the zoning and offiaal control
<br />amendments being considered by the City,
<br />that it promotes the health, safety, and welfare
<br />of the citizens, and that a failure to gram a
<br />variance woul<^ create a hardship fcr the
<br />applicant.
<br />SECTION 6. froarablitv Every section,
<br />provision, or part of this Ordinance is declared
<br />separable from every o*her section, provision,
<br />or part: and, if any secDon, provision, or part
<br />thereof or action taken hereunder shall be
<br />held invalid, it shall not affect any other
<br />sect)on,^oyi»on, or part
<br />ION 7. Effective Date Thi.t
<br />Ordinance is effective upon adoption by the
<br />City Counal.
<br />Adopted by the City Council of the City of
<br />Orono on the 26th day of August. 1991, a
<br />wrte of 4 ayes and 0 nays. .
<br />ATTEST;
<br />Dorothy M. Hallin, City Clerk
<br />: Barbara A. Peterson, Mayor
<br />STATE OF MINNESOTA)
<br />COUNTY OF HENNEPIN)”
<br />Lake Katnna
<br />Lake Classen
<br />Dickeys Lake
<br />Woisleld Lake
<br />Long Lake
<br />Lydiard Lake
<br />Mooney Lake
<br />Hadley Lake
<br />Tanager Lake
<br />French Lake
<br />Forest Lake
<br />V *,
<br />1*.-.
<br />Th# foregoing insrrument was
<br />acknowledged before me on this day Aiigust.
<br />1991, by Barbara A. Peterson and Dorotfiy M,
<br />HaJlin, f^yor & City Clerk of tfe Ciry of Orono,
<br />a Minnesota municipai corporation and said
<br />Instrument was executed on behalf of the City.
<br />•I. .,
<br />Noary Public
<br />(Published in The Laker and Pioneer Sept. 2.
<br />1991)
<br />•r .
<br />L
<br />Affidavit of Puh
<br />State of Minnesota. County o(
<br />Bill Holm, being duly sworn, or
<br />an authorized agent and empic
<br />of the newspaper known as THE
<br />nesota, and has full kr.ovzledge
<br />Stated below:
<br />A.) The newspaper has compile
<br />ments constituting qualificati
<br />newspaper, as provided by
<br />331A.02, 331A.07, and other
<br />amended.
<br />iJuB.) The printPfl f^LknUldf}.
<br />t'inhrio]I
<br />which is attached was cut from
<br />newspaper, and was printed anc
<br />week for____ /
<br />It was first published Mondi
<br />the _i2_i±r day of
<br />and was thereafter printe($l
<br />Monday, to and including M
<br />the day of
<br />KPJSTI HCL
<br />hotary pubuc - m
<br />HENNEPIN COl
<br />My oommlsston exp'tt
<br />Subscribed and sworn to me c
<br />day of
<br />By:
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