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Ordinance 217CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 217 AN ORDINANCE REPEALING THE INTERIM SHORELAND CONTROL ORDINANCE AND ADOPTING NEW SHORELAND MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chanhassen City Code Sections 20-476, 20-477 and 20-478 are hereby repealed in their entirety. Section 2. Chanhassen City Code Sections 20-1 is amended by adding the following definitions: "Boathouse" means a structure designed and used solely for the storage of boats or boating equipment. "Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. • "Commissioner" means the commissioner of the Department of Natural Resources. "Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. "Hardship" means the same as that term is defined in Minnesota Statutes, Chapter 462. "Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. "Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Chapter 19, Article IV of the city code. • "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other construction, 15330:05/31/94 RNK:06/30/94 devices, appliances, or appurtenances used for conducting • sewage or industrial waste or other wastes to a point of ultimate disposal. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. "Shoreland" means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is • determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. "Steep slope" means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. "Water -oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, • screen houses, fish houses, pump houses, and detached decks. 15330:05/31/94 RNK:06/30/94 - 2 - Section 3. Chanhassen City Code § 20-1 is amended by • redefining the following terms as set forth below: "Building height" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest of the highest gable of a pitched or hipped roof. "Lot width" means the shortest distance between lot lines measured at the midpoint of the building line. "Ordinary high water mark or level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Section 4. Chanhassen City Code Chapter 20 is amended by adding the following sections which shall be captioned "Article • VII -- Shoreland Management District": • SECTION 20-476 - STATUTORY AUTHORIZATION AND POLICY (a) Statutory.Authorization. This article is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. (b) Policy. The uncontrolled use of shorelands of Chanhassen affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Chanhassen. 15330:05/31/94 RNK:06/30/94 - 3 - SECTION 20-477 - GENERAL PROVISIONS • (a) Jurisdiction. The provisions of this article shall apply to the shorelands of the public waters as classified in Section 20-478 of this article. Pursuant to Minnesota Regulations, parts 6120.2500 - 6120.3900, lakes, ponds, or flowage less than 10 acres in size are exempt from this ordinance. A body of water created by a private user where there was no previous shoreland is exempt from this article. (b) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this article and other applicable regulations. (c) Enforcement. The Planning Director is responsible for the administration and enforcement of this article. Any violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. • (d) Interpretation. In their interpretation and application,the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (e) Severability. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby. (f) Abrogation and Greater Restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other articles inconsistent with this article are hereby repealed to the extent of the inconsistency only. SECTION 20-478 - ADMINISTRATION (a) Permits. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this article. • (b) Variances. The Board of Adjustments and Appeals or City Counsel shall hear and decide requests for variances in 15330:05/31/94 - 4 - RNK:06/30/94 accordance with the rules that it has adopted for the conduct of • business. When a variance is approved after the Department of Natural Resourceshas formally recommended denial in the hearing record, the notification of the approved variance required in Subsection (c) herein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system. (c) Notifications to the Department of Natural Resources. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked within ten days of final action. SECTION 20-479 - SHORELAND CLASSIFICATION SYSTEM AND LAND • USE DISTRICTS (a) Shoreland Classification System. The public waters of Chanhassen have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Carver/Hennepin County, Minnesota. • (b) The shoreland area for the waterbodies listed below shall be as defined in Section 20-1 and as shown on the Official Zoning Map. (c) Lakes. (1) Natural Environmental Lakes Harrison Rice Lake Rice Marsh Lake St. Joe Silver Inventory I.D.# 10-8W 27-132P 10-1P 10-11P 27-136P 15330:05/31/94 RNK:06/30/94 - 5 - (2) Recreational Development Lakes • Ann Christmas Hazeltine Lotus Lucy Minnewashta Riley Susan Virginia (d) Rivers and Streams. Inventory I.D.# 10-12P 27-137P 10-14P 10-6P 10-7P 10-9P 10-2P 10-13P 10-15P (1) Agricultural: Minnesota River - from West City Boundary to East City Boundary (2) Tributary Streams: Bluff Creek - from Basin 10-209W to Basin 27-132P (Rice Lake) Lake Ann (10-12P) to Lake Susan (10-13P) Lake Susan (10-13P) to Rice Marsh Lake (10-1P) Lake Minnewashta (10-9P) to Lake Virginia (10-15P) Purgatory Creek - from Lotus Lake (10-6P) to East City Boundary • All protected watercourses in Chanhassen shown on the Protected Waters Inventory Map for Carver County, a copy of which is hereby adopted by reference, not given a classification herein shall be considered "Tributary". • SECTION 20-480 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS (a) Lot Area and Width Standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classification are as follows: (1) Sewered Lakes - Natural Environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 15,000 90 Duplex 70,000 225 35,000 180 Triplex 100,000 325 52,000 270 Quad 130,000 425 65,000 360 15330:05/31/94 RNK:06/30/94 - 6 - (2) Sewered Lakes - Recreational Development: • Riparian Lots Nonriparian Lots Area Width Area Width Single 20,000 90 15,000 90 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad 65,000 255 49,000 245 (3) River/Stream Lot Width Standards. There is no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six river/stream classifications are as follows: Tributary No Agricultural Sewer Sewer Single 150 100 90 Duplex 225 150 115 Triplex 300 200 150 Quad 375 250 190 • (4) Additional Special Provisions. U Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property. SECTION 20-481 - PLACEMENT, DESIGN, AND HEIGHT OF STRUCTURE (a) Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and on -site sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: 15330:05/31/94 RNK:06/30/94 - 7 - Sewage • Classes of Structures Treatment Public Waters Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 Rivers Agricultural & Tributary 100 50 75 When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance setforth in the above table or the setback of the existing structure. One water -oriented accessory structure designed in accordance with Section 20-482(e)(2)(b) of this article may be setback a minimum distance of ten (10) feet from the ordinary high water level. (b) Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the • classification of the waterbody. Setback From: Setback (in feet) (1) top of bluff; 30 (2) unplatted cemetery; 50 (3) right-of-way line of 50 federal, state, or county highway; and (4) right-of-way line of 20 town road, public street, or other roads or streets not classified. (c) Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (d) Non-residential Uses Without Water -oriented Needs. Uses without water -oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be • substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. 15330:05/31/94 RNK:06/30/94 - 8 - (e) Design Criteria for Structures. • (1) High Water Elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement,is placed or flood - proofed shall be determined as follows: a. for lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher; b. for rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three approaches, technical evaluations shall be done by a • qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and C. water -oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood -resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind -driven waves and debris. (2) Water -oriented Accessory Structures. Each lot may have one water -oriented accessory structure not meeting the normal structure setback in Section 20-481(a) if this water -oriented accessory structure complies with the following provisions: • a. the structure or facility shall not exceed ten feet in height, exclusive of safety 15330:05/31/94 RNK:06/30/94 - 9 - rails, and cannot occupy an area greater than • 250 square feet. Detached decks shall not exceed eight feet above grade at any point. b. the setback of the structure or facility from the ordinary high water level shall be at least ten feet; C. the structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; d. the roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area; e. the structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities; and f. as an alternative for general development and recreational development waterbodies, water - oriented accessory structures used solely for • watercraft storage, and including storage of related boating and water -oriented sporting equipment, may occupy an area of up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (3) Stairway, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements: a. stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open -space recreational properties, and planned unit developments; b. landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open -space, and recreational properties; • 15330:05/31/94 RNK:06/30/94 -10 - C. canopies or roofs are not allowed on • stairways, lifts, or landings; d. stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and build in a manner that ensures control of soil erosion; e. stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and f. facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (a) to (e) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. (4) Significant Historic Sites. No structure shall be placed on a significant historic site in a manner • that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (5) Steep Slopes. The Planning Director shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. (f) Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 feet in height. SECTION 20-482 - SHORELAND ALTERATIONS (a) Generally. Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic • values, prevent bank slumping, and protect fish and wildlife habitat. 15330:05/31/94 RNK:06/30/94 -11- (b) Vegetation Alterations. • (1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 20-484 of this article are exempt from the following vegetation alteration standards. (2) Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable if permitted as part of a development approved by the city council as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs • and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water - oriented accessory structures or facilities, provided that: i. the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; ii. along rivers, existing shading of water surfaces is preserved; and iii. the above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. SECTION 20-483 - TOPOGRAPHIC ALTERATIONS/GRADING AND FILLING • Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat 15330:05/31/94 RNK:06/30/94 -12 - slips, canals, lagoons, and harbors, shall be controlled by this • Article and Section 7, Article III. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. SECTION 20-484 - PLACEMENT AND DESIGN OF ROADS, DRIVEWAYS, AND PARKING AREAS (a) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (b) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts. (c) Public and watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact • zones provided the vegetative screening and erosion control conditions of this subpart are met. SECTION 20-485 - STORM WATER MANAGEMENT Impervious surface coverage of lots shall not exceed 25 percent of the lot area, except as follows: (a) Thirty-five percent (35%) for medium/high density residential zones; and (b) Seventy percent (700) in industrial zones within the Lake Susan shoreland district. SECTION 20-486 - SEWAGE TREATMENT Any premises used for human occupancy shall be provided with an adequate method of sewage treatment, as follows: (a) On -site sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in Section 20-481(a) of this article. (b) A nonconforming sewage treatment system shall be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. • For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is 15330:05/31/94 RNK:06/30/94 -13 - the sewage treatment system's improper setback from the ordinary • high water level. (c) The Chanhassen City Council has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. Chanhassen will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 105.485, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on -site sewage treatment systems, shall be considered nonconforming. PASSED AND DULY ADOPTED this 22nd day of August , 1994, by the City Council of the City of Chanhassen. ATTEST: � 2 is Don Ashworth, Clerk/Manager nald J. Mayor 0 (Published in the Chanhassen Villager on September 8 , 1994). 15330:05/31/94 RNK:06/30/94 -14 - Ord. 217 - Shoreland Overlay District Regulations - Prepared by Roger (415330-6/30/94) Summary ordinance published as shown below: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY ORDINANCE NO. 217 AN ORDINANCE REPEALING THE INTERIM SHORELAND CONTROL ORDINANCE AND ADOPTING NEW SHORELAND MANAGEMENT REGULATIONS The Chanhassen City Council has adopted an ordinance stating that the uncontrolled use of shorelands affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Chanhassen. Passed and adopted by the Chanhassen City Council this 22nd day of August, 1994. Don Ashworth, City Manager (Published in the Chanhassen Villager on September 8, 1994) 0 is CITY OF CHANHASSEN CARVER AND HENNNEPIN COUNTIES, NIINNESOTA SUMMARY ORDINANCE NO.217 AN ORDINANCE REPEALING THE INTERIM SHORELAND CONTROL ORDINANCE AND ADOPTING NEW SHORELAND MANAGEMENT REGULATIONS The Chanhassen City Council has adopted an ordinance stating that the uncontrolled use of shorelands affects the public health, safety and general welfare not only by contributing to pol- lution of public waters, but also by im- pairing the local tax base. Therefore, it is in the best interests of the public health, safety andwelfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legis- lature of Minnesota has delegated re- sponsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters, conserve the economic and natu- ral environmental values of shorelands, and provide for the wise use of waters and related land resources. This respon- sibility is hereby recognized by Chanhassen. Passed and adopted by the Chanhassen City Council this 22nd day of August, 1994. Don Ashworth City Manager (Published in the Chanhassen Villager on Thursday, September 8, 1994; No. 2243) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. �� , was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmn Subscribed and sworn before me on this 6 ` day of .1994 _C�" 1�2 2 1 ;2A�a Notary Public t7l :y��,.• •••.•�. ti GWEN M. RADUENZ ;4•A, NOTARY PUBLIC - MINNESOTA SCOTT COUNTY ' �.•••• My Commission ExNres Feb. 24, 1999 '•4a"4��'�.Y °d;�'ty���+''�'�i'�»'' ,y�R..'b�.1ti'�r'�'�+�i�' T'w�i%:F,. F RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.. $8.00 per column inch Maximum rate allowed by law for the above matter ................................ ...$8.00 per column inch Rate actually charged for the above matter................................................$6.89 per column inch