Ordinance 047k3•
. CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-K-3
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
CONSTRUCTION OR DEVELOPMENT 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 im-
plement and facilitate the effectuation of the Chanhassen
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 Chan-
hassen 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 ordinance and
official controls, no building permit shall be issued for the construc-
tion, 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.
Section 3. Variances.
The City Council may grant a variance from the requirements 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.
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
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described Chanhassen Downtown Redevelopment Project and Tax
Increment Financing Plan.
Section 4. Variance Procedure.
Written application for a variance
shall state fully all facts relied
application shall be supplemented
engineering data which may aid in
application may be referred to the
City Building Inspector for their
to the City Council, and the cost
City Administrative expense shall
Council Action. No variance shall
unless it shall have received the
four-fifths of the full Council.
Section 5. Penalty.
shall be filed with the City, and
upon by the applicant. The
with maps, soil studies, and
an analysis of the matter. The
City Engineers, City Planners, and
study, recommendation and report
of any such referral and all other
be borne by the applicant.
be granted by the City Council
affirmative vote of at least
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 Administrator 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 6. 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 or July 31, 1979,
whichever date occurs first.
Passed by the Council this 22nd day�b1f, January, 1979.
ATTEST:
! alter Hobbs, May r
City Clerk/Manag-er
Publish in Carver County Herald on Feb. 7 , 1979.
That part of 101V
SouilCost Quarter of the Southenst ou er of ion II,
- Township I16,e 23-�—arver County, Minnesota, lying ft�±rly of asterly
right of way If County State Aid Highway Ho. 17 and lying nort y of the
northerly right ay line of County State Aid Highway 1\10. 16.
• and
That part of the Southeast Quarter of the Southwest Quarter and the Southwest
Quarter of the Southwest Quarter, all in Section 12, Township 116, Range 23,
Carver County, Minnesota, described as follows:
Beginning at the intersection of the cast line of said Southeast Quarter of the
Southwest Quarter and the north right of way line of County State Aid
Highway No. 16; thence northerly along said f-ast line to an intersection with
the southeasterly extension of the northeasterly line of Block 4, HIGHLAND
PARK: thence northwesterly along said exlellsion and line to file west line of
said Block 4; thence southerly along said west line and its extension to a line
parallel with and 283 feet northerly from the south line of said Southeast
Quarter of the Southwest Quarter; thence westerly along said parallel line to
the west line of said Southeast Quarter of the Southwest Quarter; thence
northerly along last said west line to file north line of the south 295 feet of
the said Southwest Quarter of file Southwest Quarter; -thence westerly along
last said north line to the west line of file cast 433 feet of said Southwest
Quarter of the Southwest Quarter; thence northerly along last said west line
to the south line of the North 864.98 feet of said Southwest Quarter of the
Southwest Quarter; thence westerly along last said south line to the west line
of the east 990 feet of said Southwest Quarter of the Southwest Quarter;
thence northerly along last said west line to the north line of said Southwest
Quarter of the Southwest Quarter; thence westerly along last said north line
to file west line of said Southwest of the Southwest Quarter; thence southerly
along last said west line to said northerly richt of way line of County State
Aid Highway No. 16; thence easterly along said northerly right of way line to
the point of beginning.
and _. _�_....
That part of the Northeast Quarter of IIIc h!ortIIeast Quarter, the Northwest
Quarter of the Northeast Quarter, the Horlhccist Quarter of the Northwest
Quarter, the Northwest Quarter of the Norilm'ost Ounrter and file Southwest
Quarter of the Northwest Quarter, all in Section 13, Township 116, Range 23,
Carver County, Minnesota, described us follows:
Beginning at file intersection of the west line of said Northwest Quarter of
the Northwest Quarter and the south richt of way line of County State Aid
Highway No. 16; thence easterly along mli(I south right of way line to the
northerly right of way line of State HiOhmmy No. 5; thence southwesterly
along said northerly right of way line to the south line of said Northeast
Quarter of the Northwest Quarter; thenc(.. westerly along said south line to
the east line of the NW 1/4 of the Horthwest Quarter; thence southerly
along said east line to the northerly right of wny line of said State Highway
No. S; thence westerly along said northerly line to the west line of said
Northwest Quarter of the Northwest Quarter; thence northerly along said
west line to the point of beginning.
and
• That part of the Northeast Quarter of file Northeast Quarter of Section 14,
Township 116, Range 23, Carver County, Minnesota, lying northerly of the
northerly right of way line of State Highwc.y No. S and southerly of the south right
of way line of County State Aid Highway No. 16.
t
All in the City of Chanhassen, State of Minnesota (herein called file "Locality,,);
EXHIBIT A