12. Revisions to Section 20-145 of City Code
--.
CITY OF
CHANHASSEN
1 .')
r'-..
,
-
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
MEMORANDUM
Action by City Administrator
TO:
Don Ashworth, City Manager
.'/ ~.\/'1
Endorsed U/AJ I'"f
Modified
Rejected
Date ~-S~1_
Date Submitted to Co:nmission
FROM:
Phillip Elkin, Water Resources Coordinator
Date Subm:!tsd to Council
3 -Ie. <{ 1
DATE:
February 5, 1997
SUBJ:
Revisions to Section 20-145 of City Code
The following is a recommended revision to the City Code section 20-415. This ordinance outlines
the expiration and renewal of a Wetland Alteration Permit. Currently, there is a conflict between
two of the subparts. Subpart C states that "the (City) Council may renew a void permit at its
discretion." However, Subpart D states that the applicant must make a written application to the
council before the original permit expires, in order to receive an extension.
The proposed change eliminates the ability for "renewal by Council discretion." Because of staff
time and legal expenses incurred with a renewal, staff is recommending that if a permit is not
renewed in accordance with the ordinance, the applicant will be required to apply for a new permit.
The proposed revision reads as follows:
Sec. 20-415. Expiration and renewal of Permit.
(c) If the permittee fails to commence work within the time specified in this section, the
permit shall be void. The permittee may make a written application to the council for an
extension of the time to commence work, but only if the permittee submits the application prior
to the date already established to commence work. The application of an extension shall state the
reasons the permittee requires an extension. If the council does not extend the permit, the holder
of the void permit may apply for a new permit.
Plannin2 Commission Update
On February 19, 1997, the Planning Commission unanimously approved the proposed revision.
~
~;~
Mr. Don Ashworth
February 5, 1997
Page 2
ATTACHMENTS
1. Proposed amendment.
2. Section 20-415. Expiration and renewal of penn it.
3. Planning Commission Minutes dated February 19, 1997.
G:\eng\phillip\admin\Coderev.CC
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE
The City Council of the City ofChanhassen ordains:
Section 1. Sec. 20-415 (c). Expiration and renewal of Permit, is hereby amended to read
as follows:
(c) If the permittee fails to commence work within the time specified in this section, the
permit shall be void. The permittee may make a written application to the council for an
extension of the time to commence work, but only if the permittee submits the application prior
to the date already established to commence work. The application of an extension shall state the
reasons the permittee requires an extension. If the council does not extend the permit, the holder
of the void permit may apply for a new permit.
Section 2. Sec. 20-415 (d) is hereby deleted in its entirety.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this _ day of
Council of the City of Chanhassen.
, 1996, by the City
ATTEST:
Don Ashworth, Clerk/Manager
Nancy K. Mancino, Mayor
(Published in the Chanhassen Villager on
)
~ 20.413
CHANHASSEN CITY CODE
included in an approved comprehensive wetland management plan per Minnesota Rules
8420.0240. The city council may seek and consider recommendations, if any, made by the
technical evaluation panel in making replacement plan decisions.
(c) Decisions made under this article may be appealed to the board of water and soil
resources under Minnesota Rules 8420.0250, after administration appeal rights under the
official controls have been exhausted.
(Ord. No. 180, ~ 1, 12-14-92; Ord. No. 202, ~ 8, 4.25-94)
Sec. 20.414. Inspection of work.
The city may cause inspection of work for which a wetland alteration permit is issued, at
the applicant's expense, to be made periodically during the course of such work and shall cause
final inspection to be made following the completion of the work.
(Ord. No. 180, ~ 1, 12-14-92)
Sec. 20-415. Expiration and renewal of permit.
(a) Unless otherwise specified by the city council, the person issued a wetland alteration
permit shall begin and complete the development authorized by the permit within one (1) year
after the date the council approves the permit application.
(b) The permittee shall provide written notice to the city twenty-four (24) hours prior to
the commencement and completion of the development project. No project shall be deemed to
have been completed until approved by the city after receipt of notice of completion.
(c) If the permittee fails to commence work on the development within the time specified
in this section, the permit shall be void. The council may renew a void permit at its discretion.
If the council does not renew the permit, the holder of the void permit may make original
application for a new permit.
(d) The permittee may make written application to the council for an extension of the time
to commence work, but only if the permittee submits the application prior to the date already
established to commence work. The application of an extension shall state the reasons the
ermittee requires an extension.
(Ord. No. 180, ~ 1, 12-14-92)
N'-c..> c:.
~ei"Ial!~~
-rv.. i S
Sec. 20.416. Exemptions.
Activities exempted by Minnesota Rules 8420.0120 shall be exempted from the provisions
of this article. However, certificates of exemption must be obtained from the city prior to
starting work.
(Ord. No. 180, ~ 1, 12.14.92; Ord. No. 202, ~ 9, 4-25-94)
Sec. 20.417. Variances.
Variances from the requirements of this article may be granted in accordance with the
variance provisions of this chapter as regulated by article II. division III of this Code so long
as the variances do not violate the Act or Rules.
(Ord. No. 180. ~ 1. 12-14-92; Ord. No. 202, ~ 10, 4.25-94)
Supp. No.7
1190
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE
The City Council of the City ofChanhassen ordains:
Section 1. Sec. 20-415 (c). Expiration and renewal of Permit, is hereby amended to read
as follows:
(c) If the permittee fails to commence work within the time specified in this section, the
permit shall be void. The permittee may make a written application to the council for an
extension of the time to commence work, but only if the permittee submits the application prior
to the date already established to commence work. The application of an extension shall state the
reasons the permittee requires an extension. If the council does not extend the permit, the holder
of the void permit may apply for a new permit.
Section 2. Sec. 20-415 (d) is hereby deleted in its entirety.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this _ day of
Council of the City of Chanhassen.
, 1996, by the City
ATTEST:
Don Ashworth, Clerk/Manager
Nancy K. MancIno, Mayor
(Published in the Chanhassen Villager on
)
Planning Commission Meeting - February 19, 1997
Blackowiak: Again, I'll defer to staff. r would not have a problem either tabling it or just
waiting 5 days. Since we're talking such a short time frame. I don't really feel that we need to
act on this tonight.
Joyce: Ladd.
Conrad: Staff report is right on. The last thing we need to do is add another tower here. That's
dumb. That's just dumb. It should be turned down. If the applicant, if it turns out that this is the
site because the other site gets turned down, then we can entertain this again but tonight this
should be turned down.
Brooks: Yeah I agree. We should try to avoid two towers as much as possible and wait and see
what happens with the other one.
Joyce: I wouldn't have any problem tabling it. I mean if this site doesn't get approved, then it
would come in front of us again and see if we can approve your site. I have no problem with that
so that's my comment. So then I guess we need a motion on this.
Blackowiak: Do we want to table? Okay, I'll make the motion to table the conditional use
permit to build a 76 or 78 foot cellular communication tower and 288 square foot equipment
building.
Joyce: Do I have a second?
Brooks: Second.
Joyce moved, Brooks seconded to table Conditional Use Permit #97-1 for a personal
communication service wireless telecommunications facility located at 78 West 78th Street.
All voted in favor and the motion carried.
PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO CONSIDER MODIFICATIONS TO CITY
CODE. SECTION 20-415. IN REGARD TO EXTENSIONS OF WETLAND
ALTERATION PERMITS.
Kate Aanenson presented the staff report on this item.
Joyce: Any questions for staff? Do we need to open this for a public hearing and all that Kate?
Aanenson: Correct.
Joyce: Okay. Can we make a motion to open this for a public hearing?
Farmakes moved, Blackowiak seconded to open the public hearing.
31
Planning Commission Meeting - February 19, 1997
Joyce: Public hearing open. Seeing no one interested in talking, make a motion to close the
public hearing.
Farmakes moved, Blackowiak seconded to close the public hearing.
Joyce: Okay, and we're going to vote on this too, right Kate?
Aanenson: Yes.
Joyce: Okay, comments. Allyson?
Brooks: None.
Joyce: Ladd.
Conrad: Looks fine.
Joyce: Allison.
Blackowiak: Pretty straight forward.
Joyce: Jeff.
Farmakes: Let's do it.
Joyce: All those in favor. Oh, we forgot to make a motion right. Someone make a motion.
Conrad: I'd make the motion that Planning Commission approve the amendment to the City
Code for Section 20-415, condition C as stated in the staff report.
Joyce: Second?
Farmakes: Second.
Conrad moved, Farmakes seconded that the Planning Commission recommends approval
City Code Amendment to Section 20-415 in regards to extensions of Wetland Alteration
Permits as presented. All voted in favor and the motion carried.
NEW BUSINESS:
Aanenson: I received a letter from Jeff today that says based on other time commitments, instead
of April 151 resignation, as soon as the Council permits LuAnn who has been appointed to start in
April, to succeed that. . .
Conrad: What are these pressing time things?
32