Ordinance 047k6C
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47K 6
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
CONSTRUCTION OR DEVELOPMENT IN AREAS INFLUENCING
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 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. Allowing a reasonable time to develop and adopt an
ordinance and official controls which will guide, in a
manner consistent with the Chanhassen Downtown Redevelop-
ment Plan, the development of commercial uses in areas
of this City which exert a commercial influence on lands
within the Chanhassen Downtown Redevelopment Project Area.
4. Protecting the planning processes of the City of Chanhassen
and its citizens; and
5. 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
construction, remodeling, alteration, erection or moving of any
building on any tract of land within the 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
14b
A
r
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 described Chanhassen Downtown Redevelopment Project
and Tax Increment Financing Plan.
Section 4. Variance Procedure.
Written application for a variance shall be filed with the City,
and shall state fully all facts relied upon by the applicant. The
application shall be supplemented with maps, 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
unless it shall have received the
fifths of the full Council.
Section 5. Penalty.
be granted by the City Council
affirmative vote of at least four -
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 not to exceed Five Hundred
Dollars ($500.00), imprisonment for not exceed ninty (90) days, or both.
In the event any building or stucture 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 of
occupation of any such building or structure.
Section 6. Effective Date.
This Ordinance shall take effect from and after its passage
publication and shall remain in force until the date of the
of the ordinance contemplated hereunder or October 12
whichever date occurs first.
Passed by the Council this
Attes
and
adoption
1980
14th day o Apri 1980.
MAYUK
Published Carver County Herald 4-23-80
Exhibit A
Outlot 2, Chanhassen Estates, Carver County, Minnesota,
and
The North 1/2 of the North West 1/4 of Section 18,
Township 116 N, Range 22 W of the 5th Principal Meridian,
Hennepin County, Minnesota
and
That Part of the Southwest Quarter of Section 7,
Township 116, Range 22, Hennepin County Minnesota, lying
Southerly of the right-of-way of the Chicago, Milwaukee,
and St. Paul Railway
and
That Part of the Southeast quarter of Section 12, Township 116,
Range 23, Carver County, Minnesota, lying southerly of the
right-of-way of the Chicago, Milwaukee, and St. Paul Railway.
•