Ordinance 047k• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-K
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOP-
MENT WITHIN THE CHANHASSEN HOUSING AND REDEVELOPMENT AUTHORITY'S
DOWNTOWN REDEVELOPMENT PROJECT AREA.
Section 1.
Intent and Purpose.
This Ordinance is adopted for the purpose of:
1. Protecting the health, safety and welfare of the residents
and future residents of the City of Chanhassen; and
2. Allowing a reasonable time for this City to develop and
adopt an ordinance and other official controls which
implement and facilitate the e.ffectuation.of the Chan-
hassen Downtown Redevelopment Project and the Tax Increment
Financing Plan which were adopted by the City Council
of this City by that certain formal resolution dated
December 19, 1977; and
3. Protecting the planning processes of the City of Chanhassen
and its citizens; and
4. Protecting rights in property created prior to the date
of the enactment of this ordinance.
Section 2. Moratorium.
Prohibition. Pending the adoption of the aforesaid ordi-
nance and official controls, no building permit shall be issued for
the construction, remodeling, alteration, erection or moving of any
building on any tract of land within the limits of the Downtown .
Redevelopment Project area which is more particularly described on
Exhibit "A" attached hereto and made a part hereof.
Variances. The City Council may grant a variance from
the reauirements of Section 2 as to specific tracts of land where
it is shown and the City Council finds the following facts:
a. That there are special circumstances or conditions
affecting the land referred to in the application
for the variance.
b. That the _granting of the variance is necessary for
the preservation and enjoyment of substantial property
rights.
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c. That the granting of the application will not be
materially detrimental to the public welfare or
injurious to property in the area adjacent to the
property for which the variance is sought.
d. That the grant of the variance does not adversely
affect the purpose and intent of this ordinance.
e, That the granting of the variance will not be
materially detrimental to the implementation and
effectuation of the above described Chanhassen
Downtown Redevelopment Project and Tax Increment
Financing Plan.
Variance Procedure. Written application for a variance
shall be filed with the City, an shall state fully all facts relied
soil studies, and engineering data which may aid in an analysis of the
matter. The application may be referred to the City Engineers, City
Planners and City Building Inspector for their study, recommendation
and report to the City Council, and the cost of any such referral and
all other City Administrative expense shall be borne by the applicant.
Council Action. No variance shall be granted by the
City Council, unless it s a ave received the affirmative vote of at
• least four --fifths of the full Council.
Section 4. Penalty,
Any person, firm or corporation violating the provisions
of this Ordinance shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not to exceed Five hundred
dollars ($500.00), imprisonment for not to exceed ninety (90) days,
or both.
In the event any building or structure is constructed,
erected, or moved in violation of this Ordinance, the Zoning Admini-
strator may institute any proper action or proceeding in the name of
the City (a) to prevent such unlawful construction, erection or moving,
(b) to restrain or abate such violation, or (c) to prevent the use or
occupation of any such building or structure.
Section 5. Effective Date.
This Ordinance shall take effect from and after its
passage and publication, and shall remain in force until the date of
the adoption of the Ordinance contemplated hereunder of December 31,
1978, whichever date occurs first.
Passed by the Council this 19th day of Jund, 1978.
i ATTEST:
City Manager City Clerk
Mayor
Published in Carver County Herald on June 28 1978.
11 "
00the
habit A
r, .. Thai part Of Soc a-3st Qvurier of the Southeast QuArter
ection II, _
►ownship 116, ge 23, Carver County, Minnesota, lying easterly easterly
right of way line of County Slate Aid Highway t•lo. 17 and lying northerly of the
northerly right of way line of County State Aid I fighwoy No. 16.
• and
That part of the Southc•crst huar ter of the Saufl►wrst Quarter and the Southwest
Quarter. of tic SoutII:vcsl Ounrter, off in Section 12, Township 116, Range 23,
Carver County, Mionesolo, described us follows:
Beginning at Ihc' intersection Of the: rust line: of said Soutleost Quarter of the
Southwest (Juorlc:r ancf the north right ofwny (inc of County State Aid
Hi911way No. 16; theric:c: northerly along said cast line to on intersection with
` IIIc southe:usfcrly extension of file northeasterly line of Block 4, HIGHLAND
PARK: thence norllwestr.rIy along soieJ ext%nsiof) and line to the west line of
said Block 4; thence, southerly along said wc•sf tint: anti its extension to a line
parallel will .and 2133 feet northerly from the south line of said Southeast
Quarter of Ihc Soutlwest Ouorler; thence westerly along said parallel line to
flu we sf (inc of sOisk St7utic'"!'I (,lncrrtc•r of IIIc, Southwest Quarter; thence
northerly clang lu%l skrid wept title to the north lint: of the south 295 feet of
Ile said .50U1hWt•jt Ouar ler of the Southwest Quarter; thence westerly along
lust said north faire: io IIle west line of the: cast 433 feet of said
Southwest
Quur ter of Ihc• S0u1F1:•est C:uorlvr; thence: northerly along lost said west `line
to Ile suuth liar' of fill, North 86108 feet of said Southwest Quarter of the
Soutlwcst (Jour let; flit' c• we:stc•rly along I.rst said south line to the west line
of the cost 990 feet of said 5OUII1wPSt Quarter of the Southwest Quarter;
dunce northerly alalig lust said west line to the north line of said Southwest
Quarter of the SoutIIwc si hoar t(•r; 11)c:11ce westerly along last said north line
to the west line: of s(rid Southwest of the Sauthwcst Quarter; thence southerly
olur19 last said vn:st line to said northerly rig
the point of be(�inning. ht of way line of County State
Aid 1 lighway 1,Jo. 16; Ifie lc(. east(,, ly 010,19 said northerly right. of way lint to
and -
lhul i,ort of III(• f-1,;rlhe•;r:,t 011(jr-ior of ilrr h!cuthc:nsf .Quarter, the: Northwest
(luar Ic r of I"( (!or Ile( c1s1 0ooric•r, Ile. i•lor IF1ea-a Ounrter of the Northwest
Quant -r, IIIc• Hor111-v4•st Otlorlc:r of tlr: Nrrrlhwc st (Nmr-ter and file Southwest
Quarter of IIIc• i 4,rtlrv;,•%t Ocrnrlc•r, all in ;rc.finn 13, township 116, Range 23,
Carvor• C.,lu
ounty, lhir,rlc•:.(, dost, ilwff (I s follow.%:
flit11(',
,It Owirrt�,sec tion of tht� west lint. Of said Nortlwesa
t Quarter of
I f lurth:vc::.t thrnr., r (111.1 Ihc• soulh rirIIIt of way title of County State Aid
1*911"cly t•lo. 16; tlu nc:c: r:c1:•ic•rly nlnnrl ulicl :;oath r'tr�ht of wcly line to tilt'
nor'tIIc rly ricl'rl •,f wcly liar c,( Stole i licJIIv.;ly t-10- 5; thence southwesterly
along said nur-Ilc�•r ly r i(jht of wcly line to IIIc: south line of said Northeast
(�?uaric•r of the i'lol tIIwc:st C-,ucirler; Ilenc-(: wcst�rly o(cxlg said south line to
the e:as1 lin(• of the NW 1/4 of IIIc• 1 Jnrtllwcrst y ol(
alone) acrid ecl�) tMce southerly
art"• to Ihc: nortic•rly rirht of wcly lin(: fcsaid �State Highway
Ho. 5; ihc:rlc e �•:c stcrly along salol northerly line 10 the west line of said
Nurtlwest Utmilvi- of IIIc• Northwest Quarter; thence northerly along said
west line 10 IIIc• Point of beginning.
and
That part of ilc: Worllrnsf (Junrter of the Northeast. Quarter of Section 14,
Township 1161 I,arrc)tc 23, Garver County, Minnesota, lying northerly of the
nortic:rly right of we}y Ilrh• of State I lighwc,y 1\10. 5 and southerly of the south right
of way line Of County Stale Aid I lighway No. 16.
All in IIIc City of 'CIIcu�l►nasc`n, Slate of Mint