HomeMy WebLinkAboutOrdinance - 1-94 - Building Board of Appeals Merged - 01/04/1994 1994 ORDINANCES-CITY OF EDEN PRAIRIE
Ordinance 1st 2nd Publish
Number Title Reading Reading Date Dept.
1-94 Building Board of Appeals Merged 1/4/94 1/4/94 1/20/94 CD
2-94 Amending City Code 9.04—Relating to Public Parks 12/21/93 1/4/94 1/27/94 PRNR
3-94 Eden Lake Elementary School Addition 2/l/94 2/l/94 2/17/94 CD
4-94 Cedar Ridge Elementary School Addition 2/l/94 2/1/94 2/17/94 CD
5-94 Oak Point Pool Addition 2/l/94 2/1/94 2/17/94 CD
6-94 Flying Cloud Landfill/Minmesota Methane 2/l/94 3/8/94 3/17/94 CD
7-94- Bent Creek Residential 12/21/93 3/22/94 4/7/94 CD
PUD-1-94
8-94- Kohl's Department Store 3/22/94 4/5/94 4/21/94 CD
PUD-2-94
9-94 Human Resources &Services Commission- 10 3/8/94 3/22/94 5/12/94 HR
Members
10-94 Mining Excavation,Land Alteration,Environmental 4/6/93 5/3/94 5/12/94 CD
Preservation Regulations
11-94- Summerfield 12/21/93 5/3/94 5/12/94 CD
PUD-3-94
12-94 Pioneer Ridge 4/5/94 5/3/94 5/12/94 CD
13-94 Joyland 4/5/94 5/3/94 5/12/94 CD
14-94 Bowling Center, Sunday Liquor 5/3/94 5/3/94 5/12/94 Fin
15-94 Adult Foster Care Home Project 4/19/94 5/17/94 5/26/94 CD
16-94 Huber Funeral Home Rezoning 4/19/94 5/17/94 5/26/94 CD
17-94 Huber Funeral Home Code Amendment 4/19/94 5/17/94 5/26/94 CD
18-94 Toilet Facilities 5/17/94 6/14/94 6/30/94 Admin
19-94 Resurrection Life Ministries-Community Commercial 5/17/94 6/14/94 6/30/94 CD
District to Church District
20-94 Amend Chapter 2, Commission, Section 2.18-2.21 5/17/94 6/14/94 6/30/94 Admin
21-94 Tobacco Section 5.03 &5.35 5/17/94 6/14/94 6/30/94 Admin
22-94 Pioneer Trail Rezoning Rural to R1-22-RM-6.5 5/3/94 6/21/94 7/7/94 CD
23-94 Animal Control Amendments, Section 5.60 6/14/94 7/5/94 7/21/94 Admin
Ordinance 1st 2nd Publish
Number Title Reading Reading Date Dept.
24-94 Gambling, Section 5.40 7/5/94 7/5/94 7/21/94 Admin
25-94 Creekview Acres 1st Addition 6/14/94 7/19/94 7/28/94 CD
26-94- Centrum Development 7/19/94 8/16/94 9/l/94 CD
PUD-4-94
27-94 International School 7/19/94 8/16/94 9/l/94 CD
28-94 Brentwood 7/19/94 8/16/94 9/l/94 CD
29-94 Bearpath Maintenance Building 8/16/94 11/l/94 11/10/94 CD
30-94 Liquor Ordinance Chapter 4,4.05, 8,21,31, 32 8/16/94 9/6/94 9/15/94
31-94 Sign Code, Chapter 11 8/16/94 9/6/94 9/15/94 CD
32-94 Change Coneflower Lane to Cattail Court 9/6/94 9/6/94 9/15/94 Eng
33-94 Change Boulder Pointe Road to Blakeney Road 9/6/94 9/6/94 9/15/94 Eng
34-94 Eden Prairie Metro Mini Storage 9/6/94 9/20/94 9/29/94 CD
35-94 Noise Ordinance, Chapter 11 9/6/94 9/20/94 9/29/94 CD
36-94 Christ Lutheran Church Fellowship Hall 8/16/94 9/20/94 9/29/94 CD
37-94 Norwest Bank Expansion 935 PCD 7/19/94 10/4/94 10/13/94 CD
38-94- Eden Prairie Mall Expansion Phase 11 9/6/94 10/4/94 10/13/94 CD
PUD-6-94
39-94- Hartford Place 9/20/94 l l/l/94 11/10/94 CD
PUD-7-94
40-94- Bearpath 4th Addition 10/4/94 l l/l/94 11/10/94 CD
PUD-8-94
41-94- Centron DPL Company l l/l/94 11/15/94 12/1/94 CD
PUD-5-94
42-94 Westgate Substation 10/4/94 l l/l/94 11/10/94 CD
43-94 Doolittles Air Cafe 10/4/94 11/15/94 12/1/94 CD
44-94 Buca Restaurant 9/20/94 11/15/94 12/1/94 CD
45-94 Eden Prairie Ford Expansion 8/16/94 l l/l/94 11/10/94 CD
46-94 Best Buy Expansion 11/15/94 12/6/94 12/15/94 CD
47-94- McDonald's Playland Addition 11/1/94 12/6/94 12/15/94 CD
PUB-10-94
48-94 Lake Edenview Townhomes l l/l/94 12/6/94 12/15/94 CD
49-94 Shady Oak Ridge,4th Addition 10/4/94 12/6/94 12/15/94 CD
50-94 Ordinance for Temporary Outdoor Display 12/6/94 12/20/94 1/5/95 CD
51-94 Ordinance for Outdoor Sales and Display 12/6/94 12/20/94 1/26/95 CD
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-94
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE SECTION 2 .11 ENTITLED, "BOARD OF ADJUSTMENTS AND APPEALS" ,
REPEALING CITY CODE SECTION 2 .13 ENTITLED, "BUILDING CODE BOARD OF
APPEALS" AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
2 . 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1 . City Code Section 2 .11 is amended to read as
follows :
"SECTION 2.11. BOARD OF ADJUSTMENTS AND APPEALS.
Subd. 1. Establishment and Composition. A Board of
Adjustments and Appeals, composed of seven (7) members, is
hereby established ( "Board" ) for the purpose of hearing and
deciding matters relating to land use and subdivisions and
other matters specified in this Section and as otherwise
provided by the City Code ( "zoning, subdivisions and other
matters" ) and building and fire codes ( "building and fire
codes" ) . Board members shall be appointed for three (3) year
terms, except that such appointments may be made for less than
three (3) year terms in order to achieve a system of staggered
expiration of terms .
Subd. 2 . Zoning, Subdivisions and Other Matters. The
following duties and procedures shall apply to zoning,
subdivisions and other matters :
A. Duties . The Board shall (1) hear all appeals where it is
alleged that there is an error in any order, requirement,
decision or determination made by an administrative
officer in the enforcement of the land use regulations
(zoning) and subdivision provisions of the City Code and
as otherwise provided by law, (2) hear requests for
adjustments (variances) from the literal provisions of
the City Code in instances where their strict enforcement
would cause undue hardship because of circumstances
unique to the individual property under consideration,
and to grant such variances only when it is demonstrated
that such action will be in keeping with the spirit and
intent of the provisions, and may not in the case of
zoning regulations, City Code Chapter 11, permit as a
variance any use that is not permitted under City Code
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Chapter 11 for land in the district where the land is
located, and may impose conditions on granting of a
variance including performance bonds, letters of credit
or cash escrows to ensure compliance and to protect
adjacent properties . The Board shall also issue building
moving permits pursuant to Chapter 10 of the City Code.
The Director of Planning shall have the responsibility to
review and report on an appeal or petition on behalf of
the Planning Commission in accordance with Minnesota
Statutes .
B. Decision by the Board. Within sixty (60) days after the
filing of a request for a variance or an appeal from an
administrative order or determination, the Board shall
set a date for hearing thereon and shall hear such
persons as wish to be heard either in person or by agent
or attorney. Notice of any such hearing shall be mailed
not less than ten (10) days before the date of hearing to
the person or persons who file the appeal or request and
in the case of a request for a variance to each owner of
property situated wholly or partly within five hundred
(500) feet of the property to which the variance relates
insofar as the names and addresses of such owners can be
determined by the City Clerk-Treasurer from records
available to the public. Within a reasonable time after
a hearing the Board shall make an order deciding the
matter and serve a copy of such order upon the appellant
or the petitioner by mail . The Board shall provide for
a written record of its proceedings which shall include
the minutes of its meetings, its findings and the action
taken on each matter heard by it including its final
order. No decision of the Board shall be final until the
later of the expiration of the fifteen (15) day period
provided for in Subd. 2 C. or completion of review by or
appeal to the Council .
C. Review or Appeal . (1) The Council may elect to review
any decision of the Board within fifteen (15) days after
that decision has been made, or a decision may be
appealed by the appellant or petitioner within fifteen
(15) days by filing with the City Clerk-Treasurer an
appeal to the Council from the decision of the Board.
(2) The Council shall, at its next regular meeting
after the fling of an appeal from a decision of the
Board, set a date for hearing thereon which shall not be
later than sixty (60) days after the meeting. Review
shall be made upon the petition and all the files,
documents and records of the proceedings in the matter.
The City Clerk-Treasurer shall make a permanent record of
the disposition of all appeals from or review of
decisions of the Board.
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D. Variance Time Limitation. Variances granted from the
provisions of the City Code shall be used within one (1)
year; and if not, the variance will be of no further
force and effect .
Subd. 3 . Building and Fire Codes.
A. Duties and Procedures. The following duties and
procedures shall apply to the building and fire codes :
1 . Building Code. The Board shall (a) hear and decide
appeals of orders, decisions or determinations made
relative to the application and interpretation of
the State Building Code as adopted by the City, (b)
conduct investigations and inquiry into matters
brought before it, (c) make all decisions and
findings in writing and give notice of them to the
appellant with a duplicate copy to the City
building official and to the State building
inspector within fifteen (15) days of the decision,
and (d) recommend to the Council such new
legislation as is consistent therewith.
2 . Fire Code. The Board shall (a) hear and decide
appeals of orders, decisions or determinations made
relative to the application and interpretation of
the Uniform Fire Code as adopted by the City, (b)
conduct investigations and inquiry into matters
brought before it, (c) make all decisions and
findings in writing and give notice of them to the
appellant with a duplicate copy to the Fire Marshal
within fifteen (15) days of the decision, and (d)
recommend to the Council such new legislation as
may be consistent therewith.
B. Review by Council. The Council may elect to review and
amend any decision of the Board relating to the building
and fire codes within twenty-one (21) days following the
decision. "
Section 2 . City Code Section 2 .13 is repealed.
Section 3 . City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 2 . 99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, be reference, as
though repeated verbatim herein.
Section 4 . This ordinance shall become effective from and
after its passage and publication.
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FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the day of , 1994,
and finally read and adopted and o red public ed at a regular
meeting of the City Council of sai Ci y on the day
, 1994 .
l
Cit Jerk Mayor
PUBLISHED in the Eden Prairie News on the day of
1994 .
C:\wp51\rap\ep\ord\appea1.adj
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CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1 r 9 4 __
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE
SECTION 2.11 ENTITLED, "BOARD OF ADJUSTMENTS AND APPEALS", AND REPEALING CITY
CODE SECTION 2.13 ENTITLED, "BUILDING CODE BOARD OF APPEALS", AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PRIVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
umm : This Ordinance eliminates the Building Code Board of Appeals and transfers its responsibilities
to the Board of Adjustments and Appeals.
Effective Date: This ordinance is effective upon its publication.
Adopted January 4, 1994
/s/ John D. Frane, City Clerk /s/ Douglas B. Tenpas. Mayor
(A full copy of the text of this ordinance is available from the City Clerk.)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
ORDINANCE NO. 1-94 of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein
AN ORDINANCE OF THE CITY stated as follows:
OF EDEN PRAIRIE, MINNESOTA, (A)This newspaper has complied with the requirements constituting qualification as a legal
AMENDING CITY CODE SECTION 2. newspaper,as provided by Minnesota Statute 331 A.02,331A.07,and other applicable laws,as
I I ENTITLED,"BOARD OF ADJUST- amended.
MENTS AND APPEALS", AND RE-
PEALING CITY CODE SECTION 2.13 (B)The printed public notice that is attached to this Affidavit and identified as No.�_�
ENTITLED, "BUILDING CODE was published on the date or dates and in the newspaper stated in the attached Notice,and said
BOARDOFAPPEALS",AND ADOPT- Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of
ING BY REFERENCE CITY CODE the newspaper specified. Printed below is a copy of the lower case alphabet from A to 4 both
CHAPTER 1 AND SECTION 2.99 inclusive,and is hereby acknowledged as being thekindA0d size of type used in the composition
WHICH, AMONG OTHER THINGS, and publication of the Notice:
CONTAIN PENALTY PROVISIONS.
THECTTYCOUNCILOFTHECITY abcdefghijkhnno rst wxyz
OF EDEN PRAIRIE, MINNESOTA,
ORDAINS: �6
Summary:This Ordinance eliminates
the Building Code Board of Appeals and BY
transfers its responsibilities to the Board Stan Rolfsru ,General Manager
of Adjustments and Appeals.
Effective Date: This ordinance is ft
effective upon its publication. Subscribed and sworn before me on ---. ti
Adopted January4, 1994 r« '•ti, GNR4 M.RADUER
� " hOTAWPUEL.C-1,111*1cSOTA
/s/John D. Douglas
City Clerk i�� SOOTT COMITY $
/s/Douglas B.Tenpas,Mayor a
(A full copy of the text of this ordi- this dayof 1994 ' lA/Ccmm ss"'�Exp:=ss Fe3.24,1 �9
nance is available from the City Clerk.)
(Published in the Eden Prairie News on
Thursday,January 20, 1994;No.6967)
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...S 11.20 per column inch
Maximum rate allowed by law for the above matter ......................... $11.20 per column inch
Rate actually charged for the above matter....................................... $6.39 per column inch