Ordinance 047k4• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-K-4
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 Chanhassen
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 con-
struction, 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 pre-
servation 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.
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• 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 appli-
cation 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 be granted by the City
Council unless it shall have received the affirmative vote of at least
four-fifths of the full Council.
Section 5. 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 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 occu-
pation of any such building or structure.
Section 6. Effective Date.
This Ordinance shall take effect from and after its
lication, and shall remain in force until the date
of the Ordinance contemplated hereunder or February
ever date occurs first.
Passed by the Council this 15th day ofLe 19-A
ATTEST: Walter Hobb
City Clerk/Manager
Publish in Carver County Herald on October 31,
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passage and pub -
of the adoption
12, 1980, which -
s ,\ Mayor
T)iat part of the Southeast Quarter of the Southeast Quaefer of Section 11,
Township 116, Runge 23Ca-.irver County, Minnesota, lying early of the easterly '
right of way line of County State Aid Highway Flo. 17 and lying northerly of the
northerly right of way line of County State Aid Highway No. 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 1169 Range 23,
Carver County, Minnesota, described as follows:
Beginning of the intersection of the cast line of said Southeast Quarter of file
Southwest Quarter and file north right of way line of County State Aid
Highway No. 16; thence northerly along said vosf line to on intersection with
file southeasterly extension of file northeasterly line of Block 4, HIGHLAND
PARK: thence northwesterly along said exlension and line to file west line of
said Block 4; thence southerly alone 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 fho Southwest Quarter; thence
northerly along last said west line to the north line of the south 295 feet of
the said Southwest Quarter of the 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 ofsaid Southwest Quarter of the
Southwest Quarter; thence westerly along last said south line to the west line
of the cost 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 lost said west line to said northerly right 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 1he I\!orlliectst Quarter, the Northwest
Quarter of the Northeast Quarter, the Quarter of the Northwest
Quarter, the Northwest Omarfer of ilw Northwc-st Oucuter and the Southwest
Quarter of the Northwest Quarter, all in Soction 13, Township 116, Range 23,
Carver County, Minnesota, described us follows:
Beginning at the intersection of the west fine of said Northwest Quarter of
the Northwest Quarter and file south right of way line of County State Aid
Highway No. 16; Ill( -nee ensterly along ecoid south right of way line to the
northerly right of way line of State lli()llv.'(iy f•lo. S; thence southwesterly
olong said northerly right of way line is the south line of said Northeast
Quarter of the Northwest Quarter; thence va,crstc!rly along said south line to
the east line of the NW 1/4 of the i'lorthwest Quarter; thence southerly
along said east line to the northerly right of way line of said State Highway
No. S; thence westerly along said northerly line to the west line of said
Northwest Quarter of the Northwest nuarter; thence northerly along said
west line 10 the Point of beginning.
and
That part of the Northeast Quarter of the Northeast Quarter of Section 14,
Township 116, Ranke 23, Carver County, Minnesota, lying northerly of the
northerly right of way line of State Highwc,y iJo. S and southerly of the south right
of way line of County State Aid Highway No. 16.
All in the City of Chanhassen, State of Minnesolo (herein called the "Locality,,);
EXHIBIT A -� -