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Home My WebLink AboutOrdinance - 14-2004 - Amending City Code Section 11.70, Grading, Variance & Non-Conforming Uses in Shoreland Area - 06/01/2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 14 -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.50 RELATING TO SHORELAND MANAGEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Section 11.50, subd. 5, subpart B, is deleted in its entirety and replaced with the following: Applications for permit. Application for permit within any part of a shoreland area shall be made in conformance with procedures set forth in Section 11.55,subd. 5 A. Application for Land Alteration Permit, Fees, Council Action,Bond in addition to the requirements of this subdivision. Section 2. City Code Section 11.50, subd. 5, subparts C-F, are repealed. Section 3. City Code Section 11.50, subd. 5, subpart G, is amended to read subpart C. Section 4. City Code Section 11.50, subd. 5, subpart H, is amended to read subpart D. Section 5. The following subpart is added to City Code Section 11.50, subd. 5: E. Notification Procedures. 1. Copies of all notices of any public hearing to consider variances,amendments or conditional uses under any provision of this section must be sent to the Commissioner or the Commissioner's designated representative and post- marked at least ten days before the hearing. Notices of hearings to consider proposed plats must include copies of the plats. 2. A copy of approved amendments and plats, and final decision granting variances or conditional uses under this section must be sent to the Commissioner or the Commissioner's designated representative and post- marked within ten days of final action. 1 Section 6. The following clause is added to the end of City Code Section 11.50,subd.6,subpart A, as a separate paragraph: In considering variance requests, the Boards of Adjustment and Appeals must also consider whether the property owner has reasonable use of the lands without the variance, whether the existing sewage treatment system on the property needs upgrading before additional development is approved,whether the property is used seasonally or year-round,whether the variances is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. Section 7. The following subdivision is added to City Code Section 11.50: Subd. 20 Conditional Uses. The following standards must be used for reviewing conditional uses located in shoreland areas: A. A thorough evaluation of the topographic,vegetation,and soil conditions on the site to ensure: 1. Prevention of soil erosion or other possible pollution ofpublic waters, both during and after construction; 2. Limiting visibility of structures and other facilities as viewed from the public waters; and 3. Adequacy of the site for water supply and on-site sewage treatment; and B. An assessment of the types,uses, and numbers of watercraft that the project will generate in relation to the suitability of public waters to safely accormnodate these watercraft. The City Council may impose some or any of the following conditions when granting conditional use permits that specify: increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location, design or use;location,design,and use requirements for watercraft launching or docking, and for vehicular parking; structure or other facility design, use,and location;phasing of construction;and other conditions considered necessary by the City Council. 2 C. Administration of Conditional Use. Refer to Subdivision 5 entitled Administration,Application and Issuance of Certain Permits. Section 8. City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code, Including Penalties for Violation and Section 11.99 entitled A Violation of Misdemeanor are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 9. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the l8th day of May, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on thelst day of June, 2004. Kathl en Porta, City Clerk Na cy T a-Luk s,MOW PUBLISHED in the Eden Prairie Sun Current on the day of ,2004. 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 14-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.50 RELATING TO SHORELAND MANAGEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 14-2004. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The ordinance contains provisions for permit applications for grading in a Shoreland Area,notification procedures regarding public hearings, standards for conditional uses, and standards for granting of variances. Effective Date. This Ordinance shall take effect upon publication ATTEST: Katl Teen Porta, City Clerk N cy T -L 5 Ks'—A� o PUBLISHED in the Eden Prairie Sun Current on 00 1 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: City of Eden Prairie (A)The newspaper has complied with all of the requirements constituting qualification as (Official Publication) CITY OF EDEN PRAIRIE HENNa qualified newspaper, as provided by Minn. Stat. §331 A.02, §331 A.07, and other SUMMARY ofORDINANCE°COUNTY, applicable laws, as amended. AN ORDINANCE OF THE,CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER printed public notice as attached was published the newspaper once eac 11 R AMENDING SECTION N RELATING TO (B)Theetd ti that i hd blihd inh p p p5HOREI.AND MANAGEMENT;AND ADOPTING BY REr.Eweek,for one successive week(s);it was first published on Thursday,the 10 day TION111 9CWIHCH,AMONGOTHERTHINGSCITY CODE CHAPTER I AND,CON- TAIN PENALTY PROVISIONS. of June , 2004, and was thereafter printed and published on every Thursday The followingis only a summanj ofOrdinance No.14-2004. The full text is available for public insprection by any per- to and including Thursday,the day of , 2004;and printed below son during regular office hours at the office of the City Clerk. is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby The ordinance contains provisions for permit applications for grading in a Shoreland Area,notification procedures acknowledged as being the size and kind of type used in the composition and publica- regarding public hearings,standards for conditional uses, and standards for granting of variances. tion of the notice: EffectiveDate.This Ordinance shall take effect upon pub- lication abcdefghijklmnopgrstuvwxyz Nancy Tyra-Lukens,Mayor Attest:Kathleen Ports,City Clerk PUBLISHED in the Eden Prairie Sun Current on June 10,2004. BY: �_ (June 10,2004)d4/Shoreland Ord Summ 14-2004 CFO Subscribed and sworn to or affirmed before me on this 10th day of June ,2004. A" Notary Public ------------- MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 13t-09 t RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2)Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line