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Ordinance 064aCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 64-A AN ORDINANCE AMENDING SECTION 2.02 OF ORDINANCE NO. 64, ENTITLED "AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOPMENT WITHIN THE AREAS OF CHANHASSEN NOT SERVED BY CITY SANITARY SEWER, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF", BY ADDING THERETO SECTION 2.02 (3) , 2.02 (4) , and 2.02(5). THE CITY COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. Section 2.02 of Ordinance No. 64, adopted May 9, 1977, is hereby amended by adding thereto the following subsections to read as follows: 3. VARIANCES. The City Council may grant a variance from the requirements of Section 2.02(2) Single Family Residential Construction, 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 en- joyment 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. 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. 5. COUNCIL ACTION. No variance shall be granted by the City Council unless it shall have received the affirm- ative vote of at least four-fifths of the full Council. SECTION 2. Effective Date. This Ordinance shall become effective from and after its passage and publication. Passed by the Council this 19th day of September 1977. ATTEST: ztiz a MAYOR City -Clerk Manager Published in Carver County Herald on the 28th day of September -2- r 1977. ----------- -- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 64-A AN ORDINANCE AMENDING SECTION 2.08 OF ORDINANCE NO. 64, ENTITLED "AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOPMENT WITHIN THE AREAS OF CHANHASSEN NOT , ERVED BY CITY SANITARY SEWER, AND ,PROVIDING A PENALTY FOR THE VIOLATION THEREOF", BY ADDING THERETO SECTION 2.08[3], 2.02[4], and 2.02[5]. THE CITY COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. Section 2.02 of Ordinance No. 64, adopted May 9, 1977, is hereby amended by adding thereto the following subsections to read as follows. 3. VARIANCES. The City Council may grant a variance from the requirements of Section 8.02(2) Single Family Residential Construction, as to specific tracts of land *hdre 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 hI ntcessary 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. 4. VARIANCE !*#OCEDURF. Wr lic 'qr� for a variance shalt filed wi the C s Witte fully all facts re1W upon " , a plication shall be supplemee and engineering data whiilli� eialysiti, the matter. The application: tha Q Engineers, City Planners a ` ; g InsPeaq for their study, recommendatfili' report to the= Council, and the cost of any s>► f ral and all City Administrative etpense shall be borne by this plicant.' 5. COUNCIL ACTIt" No variance shall be gr. by the City Council unle'da it shall bait recei affirmative vote of at least four-fifths Of the full , SECTION 2. Effective -Date. Thib Ordin ' 11 become effective from and after its p nd publication. t Passed by the Council this 19th day er, 1977. ATTEST: t Hobbs AYOR Donald W. Ashworth City Clerk Manager ( Pub. Carver County lie' on the 28th day of Sep- tember, 1977 ) Affidavit of Publication Sate of Minnesota ) ss. County of Carver ) being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed__ _N hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for __ successive weeks; that it was first so published on the day of _ 19 and was thereafter printed and published on every _ _—_____—_ to and including the day of —_____—_ 19___ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abedefghijklmnopgrstuvwxyz t� Subscribed and sworn to before me this `~_ day of ( Notarial Seal) t.SOTA A,F3V R C 0 U N' Notary public, `a — County, Minnespta My Commission Expiresk ,