Memo- 2nd Reading for Odinance 97-797
To:
From:
City Council
Nancy Anderson
Thursday, March 13, 1997
Second reading for Ordinance 97-797
Date:
Subject:
Attached is Ordinance 97-797 that will make various zoning amendments.
The Citv Council's action is to approve Ordinance 97-797 for second readina and order
it published.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 97-797
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CITY CODE
That the Hopkins City Code No. 500 be, and the same is hereby amended by, amending
the following sections:
500.09 Preliminary plat: commission duties. The commission shall conduct the hearing on the
preliminary plat, make its report, findings and recommendation to the City Council within 50 days
from the filing of a completed application for a preliminary plat unless the city notifies the
applicant of an extension for an additional 60 days or the applicant a~ees to a continuance. 6lHlf
llefore the nela: regular meeting of the eOHReil fellowiag the poolie he!ll'ing unless ftIl ellteRsiell is
granted, lll:lt ill no e'/eBt IlIter than 80 days trom dllte efheariBg.
500.11 Preliminary Dlat: council action. The City Council shall as! hear the preliminary plat
proposal at their next regular meeting following the Planning Commission recommendation.
meetillg. witlHll 90 days of the date Oil wflieh it was heard lly the eolRftlisGioll. If the report of the
commiSsioll has not beell receivea in time to meet this r-e(Jl:Iir'*Heat, tlie cOl:lneil may aet on tHe
preliminary plat ',/ithol:lt Slleh report. The council shall act on the prelimimuy plat within 60 davs
after the applicant files a completed application unless the city notifies the applicant of an
extension for an additional 60 days or the applicant agrees to a continuance.
500.61 Waiver of Plat. Subdivision 1. In certain circumstances a waiver of plat may be more
appropriate than a subdivision to divide a property. if the sl:lbjeet propelty has beeB platted. An
applicant may apply for a waiver of plat if the following circumstances exist:
a) the lot(s) involved in the proposed dvAsion are platted
e) the new lots created meet or exceed the existing conditions. that the aev.' lots ereated
eonfuffil to all standards of the apprepFiate district
That the Hopkins Zoning Ordinance No. 515-570 be, and the same is hereby amended by,
amending the following sections:
515.07 Definitions
Subd. 34. Completed application. An application for a zoning request that contains the
following: 1) submitted and completed all applicable application forms: 2) submittal of all required
supporting application information: 3) submittal of all required fees.
520.13. Subd. 2. Location. Boundary line fences shaH be located entirely upon the private
property of the person constructing or causing the construction of such fence unless the owner of
the property adjoining agrees, in writing, that such fence may be erected on the division line of the
respective properties. The zoning administrator bllilding efticial. may require the owner of the
property upon which a fence now exists, or may require any applicant for a fence permit to cause
to establish the boundary lines of his property by a survey thereof to be made by any registered
land surveyor.
525.07 Variances
525.07 Subd. 5. Action by the board. The board shall forward its recommendation withift
eO days after tile reElHest for a ',arianee first Rpjlear-eEl eB the ageBda for cOBsideratioB lIDless the
apj:llieRBt files a request iB ';lriting ...lith the Zoning !<llmiBistrator or a motieR is made ffem the
fleer fer a eeBtiflHaBce. 50 days after the applicant has filed a comoleted application for a
variance unless the City notifies the applicant of an extension for an additional 60 days or the
applicant agrees to a continuance.
525.07 Subd. 6. Action by the council. Upon receiving the recommendation of the board
or withiB 139 days after the reElHest for a variaaee fifst Rpjleared eB the beard's ageaEla if no
recommendation has been transmitted, the council shall place the request on its agenda for the
next regular meeting.
525.09 Amendments.
525.09 Subd 3. Apolication. PetitieBs Applications for amendments initiated by a
property owner shall be filed with the zoning administrator. When the application involves the
changing of zoning district and boundaries thereof, it shaH be accompanied by a map or plat
showing the lands proposed to be changed and all lands within 350 feet of the boundaries of the
property proposed to be rezoned, together with the names and addresses of the owners of the
land in such area.
525.09 Subd. 5. Referral to commission. All completed applications jletitieas for
amendments shall be referred to the commission that shall hold an official public hearing within 50
eG days of the date from the receipt of a completed ap,plication. of filing SHeR fletitioB
525.09 Subd. 7. Action by the commission. If the request is for a district change, notices
shall be mailed to all owners of property within 350 feet of the parcel included in the request, such
ownership to be determined by the listing in the files of the City assessor, not less than /.We ten
days Ber mer-e thaa 30 eays prior to the hearing. Failure of the property owner to receive notice
shall not invalidate any such proceedings as set forth within this code. The commission shall
make its recommendation to the council within 50 days after the applicant has submitted a
completed apolication eO days after tile reEjtlest first ajljlearee ea tile &geada er witma eO days
unless the applicant files a request in writing for an extension with the Zoning Administrator or
the City notifies the ap,plicant of a 60-day extension period. a metieB is made from tfie fleer fer a
ceBti$anee.
525.09 Subd. 8. Council Action. After a recommendation is forwarded to the City
Council from the commission. the item will be placed The sit)" slerk shall fartftwith plaee the
matter on the council agenda for its next regular meeting held at least w.'e days after sHeh tiliBg, at
which time the council shall hear the item. aet ther",an. Notice of council action shall be given to
the applicant by the zoning administrator. The Citv Council will act on the item within 60 days
from the receipt of a completed application unless the City notifies the applicant of a 6O-day
extension period or the applicant agrees to a continuance.
525.13 Conditional Use Permits.
525.13 Subd. 9. Commission recommendation. Within fifty (50) days following the
submission of a completed application for a conditional use permit si1<ty (60) dayo fallowing the
pHblie heariag on an llJlplieatian the Planning Commission shall forward a repeft recommendation
on the application to the City Council, and it shall recommend approval of the application as
submitted, approval of the application subject to certain modifications or conditions therein, or
disapproval of the application. The Commission's recommendation shall be in resolution form
stating said findings in support or opposition of the request as tiled or amended. If no action on
an application is taken by the Planning Commission within fifty (50) sil<ty (tiO) days, and there has
been no delay caused or requested by the applicant, or the City has not notified the applicant the
item will be continued for UP to an additional 60 days. the application shall be forwarded to the
City Council without comment.
525.15 Board of Appeals.
525.15 Subd. 3. Appeals. The board shall hear and consider only appeals submitted in
writing from any action relative to this code taken by the City administrative staff, which appeal
shall be filed not later than 90 days from the date of such staff determination. The board shall
make its findings an order thereon not later than 60 9G days from such appeal unless the time is
extended by written mutual agreement of the parties or the City notified the applicant of a 60-day
extension. Failure by the board to act within the time set forth above is a determination in favor
of the applicant.
525.15 Subd. 4. Variances. The board shall hear and consider all requests for variances
and make recommendation in writing thereon to the council. All actions hereunder shall be by
resolution containing findings and recommendations and shall be made by the board not later than
50 6() days from the date of the filing of the completed application petitian for any such variance
unless said time is extended for an additional 60 days by notification by the City or by mutual
agreement in writing by all parties. Failure of the board to act within the time set forth above is a
referral thereon to the council without recommendation.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
March 4, 1997
March 18, 1997
March 26, 1997
April 15, 1997
Charles D. Redepenning, Mayor
City Attorney Signature
Date