Ordinance 064bCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 64-B
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOP-
MENT WITHIN THE AREAS OF CHANHASSEN NOT SERVED BY CITY SANITARY
SEWER, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
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:
a. will regulate individual sewer disposal_ systems so
as to prevent contamination of underground bodies of
water or of streams, lakes, rivers, or other surface
bodies of water; and
b. will prevent individual sewer disposal systems from
creating a health hazard or a nuisance for the
general public or for individuals; and
C. will make it unnecessary to provide central public
sewage disposal systems for areas in the City of Chan-
hassen not intended for urban urban development in the
foreseeable future, as shown by the Comprehensive Plan
for the City of Chanhassen; 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.
2.01. Prohibition. Pending the adoption of the aforesaid ordinance
and official controls, no building permit shall be issued for the con-
struction, erection or moving of any building on any tract of land
within the limits of the City not served by the municipal sanitary sewer
system; and no person, firm or corporation shall construct, erect or
move any building upon any land within the limits of the City not served
by the municipal sanitary sewer system.
2.02. Exceptions to Moratorium.
1. Agricultural Uses. The provisions of §2.01 of this ordinance
shall not prohibit the issuance of building permits for
structures to be utilized solely for agricultural uses and
not employing individual sewer disposal systems. The
definition of agriculture and agricultural uses applicable
under this ordinance shall be as set forth in the Chanhassen
Zoning Ordinance.
-1-
2. Single Family Residential Construction. Except as herein-
after provided, the provisions of §2.01 of this ordinance
shall not prohibit the issuance of building permits for
single family residential construction or moving, and shall
not prohibit such construction or moving if such proposed
single family residence is to be located:
a. Upon an unimproved unplatted tract of land which was
of record in the offices of the county recorder or
registrar of titles on March 15, 1971, and which is
not less than two and one-half (2-1/2) acres in size
and which shall have a front yard of not less than
fifty ( 50 ) feet, a side yard on one side of not less
than one hundred (100) feet, and a side yard on the
other side of not less than ten (10) feet, a rear yard
of not less than fifty ( 50 ) feet, and which shall
adjoin a public road or city street. The depth of
each such tract shall not be greater than two (2) times
the width; and
b. Upon an unimproved existing platted lot which shall
contain at least thirty thousand (30,000) square feet
and which shall have a front yard d not less than
thirty ( 30 ) feet, a side yard of not less than ten (10 )
feet, and a rear yard of not less than thirty ( 30 ) feet.
For purposes of this section, an existing platted lot
shall include an unimproved registered land survey of
record in the office of the registrar of titles on
March 15, 1971, and which meets the standards of this
section.
C. All proposed building sites under §2.02(a) and ( b )
above shall be inspected by the City Building Inspector
and no building permit shall be issued for any site on
which, in the opinion of the building inspector, an
inadequate surface or subsurface drainage or soil poro-
sity condition may exist. The applicant for a building
permit may be required at the expense of the applicant
to furnish such engineering tests as the building
inspector may reasonably require to aid him in making his
judgment, and in the exercise of said judgment, he shall
take into consideration the impact of the issuance of any
such permit upon contiguous properties.
3. Variances. The City Council may grant a variance from the
requirements of §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 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 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 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 there-
of, shall be punished by a fine of not to exceed Three hundred dollars
($300.00), imprisonment for not to exceed ninety ( 9 0 ) days, or both.
In the event any building or structure is constructed, erected, or
moved in violation of this Ordinance, the Zoning Administrator may
institute any proper action or proceeding in the name of the City
(a) to prevent such unlawful construction, erection or moving, (b)
to restrain or abate such violation, or (c) to prevent the use or
occupation of any such building or structure.
Section 5. Effective Date.
This Ordinance shall take effect from and after its passage and pub-
lication, and shall remain in force until the date of the adoption
of the Ordinance contemplated hereunder or April 30, 1978, whichever
date occurs first.
Passed by the Council this 23rd day of January, 1978.
ATTEST:
City Manager/City Clerk
Published in Carver County Herald on
-3-
Mayor
February 8
ff 1978.
----------------------------
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINN®$QTA
ORDINANCE NO. 61-5
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.
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:
a: will regulate individual sewer disposal systems so
as to prevent contamination of underground bodies of
water or of stream's, lakes, rivers, or other surface
bodies of water; and
b. will prevent individual sewer disposal systems
from creating a health hazard or a nuisance for the
general public or for individuals; and
c. will make it unnecessary to provide centralpublic
sewage disposal systems for areas in the City of
Chanhassen not intended for urban urban development
in the foreseeable future, as shown by the Com-
prehensive Plan for the City of Chanhassen; and
3. Protection 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.
2.01. Prohibition. Pending the adoption of the
aforesaid ordinance and official controls, no building
permit shall be issued for the construction, erection or
moving of any building on any tract of land within the
limits of the City not served by the municipal sanitary
sewer system; and no person, firm or corporation shall
construct, erect or move any building upon any land
within the limits of •the City not served by the municipal
sanitary sewer syst"n.
2.02. Exceptions to Moratorium.
1. Agricultural Uses: ^The provisions of §2.01 of this
ordinance shall not prohibit the issuance of building
permits for structures to be utilized solely for
agricultural uses and not employing individual sewer
disposal systems. The definition of agriculture and
agricultural uses applicable under this ordinance shall
be as set forth in the Chanhassen Zoning Ordinance.
2. Single Family Residential Construction. Except as
hereinafter provided, the provisions of §2.01 of this
ordinance shall not prohibit the issuance of building
permits for single family residential construction or
moving, and shall not prohibit such construction or
moving if such proposed single family residence is to be
located:
a. Upon an unimproved unplatted tract of land which
was of record in the offices of the county recorder or
registrar of titles on March 15,1971, and which is not less
than two and one-half (2-%) acres in size and which
shall have a front yard of not less than fifty (50) feet, a
side yard on one side of not less than one hundred (100)
feet, and a side yard on the other side of not less than
ten (10) feet, a rear yard of not less than fifty (50) feet,
and which shall adjoin a public road or city street. The
depth of each such tract shall not be greater than two
(2) times the width; and
b. Upon an unimproved existing platted lot which
shall contain at least thirty thousand (30,000) square
feet and which shall have a front yard of not less than
thirty (30) feet, a side yard of not less than ten (10) feet,
and a rear yard of not less than thirty (30) feet. For
purposes of this section, an existing platted lot shall
include an unimproved registered land survey of record
in the office of the registrar of titles on March 15, 1971,
and which meets the standards of this section.
c. All proposed building sites under §2.02 (a) and (b)
above shall be inspected by the City Building Inspector
and no'building permit shall be issued for any site on
which, in the opinion of the building inspector, an
inadequate surface or subsurface drainage or soil
porosity condition may exist. The applicant for a
building permit may be required at the expense of the
applicant to furnish such engineering tests -as the
building inspector may reasonably require to aid him in
making his judgment, and in the exercise of said
jud#ment, he shall take, into consideration the impatt of
the issuance of any such. 'permit upon cond us
properties.
3. Variances. The City Council may grant a variance
from the 'requirements of §2.02(2) Single Family
Residential Conglruction, as to specific tracts of land
where it is shown and the City Council finds the
following facts:
a. That there are special circumstances got conditions
affecting the land referred to in the applil6tion for the
variance. , C: •
b. That the granting ,of the variance k�*, necessary for
the preservation and enjoyment of substgl property
rights.
c. That the granting of the applicatioi0 will not be
materially detrimental to the public welfajre or injurious
to property in the area adjacent to the property for
which the variance is shught.
Affidavit of Publication
Sate of Minnesota )
ss.
County of Carver )
v ill lar i{ic("a rry
___, 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 Ordinance — ld O 6L. -B
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 one successive weeks; that it was first so published on 4 J e d • the t �1
day of h e b . 19_T 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:
abcdefghijklmnopgrstuvwxyz
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Subscribed and sworn to before me this qday of
(Notarial Seal)
LORRAINE LX1,1O
�)�l NOTARY PUFAIC – f,41rvivra�TA° CARVER COU,%T','
My Cnrrirniss<<_:n fxefres J r -e !9, I"8?
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Notary public, �' t"� 1 County, Minnesota
My Commission Expires 19_
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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 mapis, soil studies, and
engineering data which inay aid in A& analysis of the
matter. 'The application 11may be referred to the City
Engineers, City Planners and City Building Inspector
for their study, recommendation and report�to tha'�ity
Counell, Mid the colt of any such referral aiW Ja[1*her `
City Administrative expense shall be borne by the ap-
plicant.
5. Council Action. No variance shall be granted by the
City Council unless it shall have received the af-
firmative 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 Three hundred
dollars (;300.00), 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 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 or April 30, 1978, which ever date occurs first.
Passed by the Council this 23rd day of January 1978.
ATTEST:
/s/ Don Ashworth /s/ Walter B. Hobbs
City Manager/City Clerk Mayor
(Pub. in Carver County Herald on February 8, 1978.)
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