09-18-1995 Planning Packet - Laserfiche WebLink

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ORDINANCE 13S . 2ND SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDFVTSION 4, PROHIBnTNG THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL OR OTHER PERMITS .ANT) APPROVAL FOR PRIVATE DRIVEWAYS WHICH SERVE THREE OR MORE RESIDENCES. THE cm’ OF ORONO ORD.AINS; Tee Municipal Code of the C:c>' of Oroco is amended by adding Ordinance No. 138 , 2nd Series SECTION 1, Starerr.er.t of Policy . The City Council fmds that the City is presently faced with the potential of applications for private driveways which serve three or more residences. Such aoDiicacions mav anse in the conte.xt of new development or of * A. « rearrangements of e.xisting developments. It appears to the Council that the consequences of allowing such private drives may be undesirable, and may generate future problems for the safety and welfare of the City residents. The Council, therefore, fmds that it is necessary to study the impact of applications under Zonmg codes Section 10.02; 10.03, subd. 8; and 10.60, subd. 16; and of applications which mav also imolicate the Cirv'’s Subdivision Code Sections 11.03; 11.10; 11.32; and 11.33 that would allow such roads. The Council further Hnds that if, as a result cf this study, the land use controls and zoning provisions contained in the city code need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop properu’ in order to bring about savings of public and private e.xpenditures and to provide the public guidelines to future City action. Since enactment of an amendment to the code would u..doubtedly modify e.xisting regulations concerning permitted land use and zoning performance standards, the granting of preliminar/ approval of subdivision applications or other permits for private driveways ser/ing three or more residences would be contrary to the purpose of the zoning enabling ac:. Minnesota Statutes Section -162.351, et seq. The Council further finds that it woiid be unwise, improper and unjust to allow individual development to occur during this study. Therefore, the Council’s authority to grant preliminary approval to subdivision applications and for private roads and driveways outside of the subdivision context shall not be e.xercised during the limited terms of this Ordinance, e.xcept as provided in Section 5. SECTION 2. Study. Tne Council hereby refers this mitter to the Planting Commission to initiate a study regarding the impiicitions of its current ordinances governing private driveways to seive three or more residences and the potential need for amendments to the city code to implement the results of that smdy. Page 1 of 2