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Second Reading for Ordinance 2014-1069MEMO To: City Council From: Nancy Anderson Date: July 10, 2014 Subject: Second Reading for Ordinance 2014-1069 Attached is Ordinance 2014-1069 for second reading. This ordin ' ande will allow consolidation of lots with administrative review and replace the citation for day care facilities. The City Council's action is to approve the ordinance for second reading and order it published. Attachment ------ -- --- -- CITY OF HOPKINS Hennepin, County, Minnesota ORDINANCE NO. 2014-1069 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 500 and 515. be, are the same and is hereby amended by adding the following underlined language and deleting the following stfiketbfough language, which reads as follows: Section 500.61 Waiver of Plat. Subdivision. 1. Division. In certain circumstances a waiver of plat fnayb mqy more appropriate than a subdivision to divide a property. An applicant may apply for a waiver of plat if the following circumstances exist: a) The division request is a substantially single line b) T4iat The division will not create more than one additional lot c) T4at The division will not require the dedication of public right-of-way or extension of utilities in a public right-of-way Subdivision 2. Consolidation. In certain circumstances a waiver- of plat may b more appropriate than a subdivision to consolidate two lots into one lot, provided the resulting lot conforms to all applicable zoning ordinance requirements. Subd. 2-3. Application. All applications for a pier waiver of plat must include a survey of the property to be divided or consolidated and the new legal deseriptio description(s) of the property after the division or consolidation. This survey will also include locating all existing utilities on the property. The owner of the property must grant casements for the utilities if needed. The application must also include evidence of title to the property to be divided or consolidated in a form acceptable to the City Attorney. Subd. -3. 4. Action by the Commission. Application for a waiver of plat for a division under Section, 500.61 Subd. I shall be referred by the planning department to the Zoning & Planning Commission, which shall hear the applicant or representative thereof at its next regular meeting, provided all necessary data have been submitted. The Commission shall recommend sueh conditions relating to the granting of the waiver as it deems necessary to so as to carry out the intent and purpose of this code and the standards in Subd. 1 or shaI4 recommend denial of the request. The Commission's recommendation shall be forwarded to the City Council. Subd. 5. Action by the Zoning Administrator. An application for a waiver under Section 500.61 Subd. 2 for the consolidation of lots shall be subject to administrative review and approval by the Zoning Administrator. The Zoning Administrator may impose conditions on the approval. Subd. 4. 6. Filing. Applications for a waiver of plat shall be filed with the Zoning .......... Administrator with such filing fee as may be from time to time established by resolution of the City Council. Subd. 7. The Applicant shall record a lot division or consolidation with the Hennepin County 'Recorder or Registrar of Titles within 30 days of approval. In the case of a lot division, the City Council's certified resolution shall be recorded. In a lot consolidation, the Zoning Administrator shall. provide the applicant with written certification of the City's approval of the consolidation, which shall then be recorded. 515.07, Subd. 61. Day care facility: a licensed facility in which care is provided for one or more children as defined *and regulated per M.S.A.245 A781 First Reading: July 1, 2014 Second Reading: July 15, 2014 Date of Publication: July 24, 20114 Date Ordinance Takes Effect: July 24, 2014 Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date