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1997-797CITY 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 davs from the filing of a completed application for a preliminaryplat unless the city notifies the applicant of an extension for an additiona160 days or the applicant agrees to a continuance. e~-eF 500.11 Preliminar~,plat: council action. The City Council shall ~ hear the preliminary plat proposal at their next regular meeting following the Planning Commission recommendation. • ~~ .The council shall act on the~reliminarX plat within 60 davs after the applicant files a completed application unless the city notifies the applicant of an extension for an additiona160 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 ..~~.J ___ r_-r ___ - appropriate than a subdivision to divide a property. ~~ +''_ '~~ • + °'~" `'"° ''°°" :~• ~ applicant may apply for a waiver of plat if the following circumstances exist: a) . . e) the new lots created meet or exceed the existing conditions. *'' + +'' "''^+" °'°~~ea 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 Co ~leted application An application for a zoning request that contains the following• 1Lsubmitted and completed all applicable application forms 21 submittal of all required supporting application information; 3) submittal of all required fees. 520.13. Subd. 2. Location. Boundary line fences shall 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 maybe erected on the division line of the respective properties. The zoning administrator ~g-el~si~l 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 r~ ~'""' ~ `~ 50 davs after the applicant has filed a completed application for a variance unless the Citv notifies the applicant of an extension for an additional 60 davs or the applicant agrees to a continuance 525.07 Subd. 6. Action by the council. Upon receiving the recommendation of the board or 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. Application. 1?etit~en$ 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 shall 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 peti~iens for amendments shall be referred to the commission that shall hold an official public hearing within 50 6A days of the date from the receipt of a completed an lication.~~~~- ~•~~~- +'+' 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 f}ve ten days 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 davs after the applicant has submitted a completed application unless the applicant files a request in writing for an extension with the Zoning Administrator or the City notifies the applicant of a 60-dam exte_ nsion period. a :.~;,t~"" ~~ -~~a ~ +~ ~ r ^:,::t: 525.09 Subd. 8. Council Action. After a recommendation is forwarded to the Citv Council from the commission, the item will be placed T~° °:+•• °'°rv °~,~" ~^~.~„~>;+i, ^'°^° +i,° teF on the council agenda for its next regular meeting''°'a °*'°°°+ ~_~° a,,..° °'~°~ °~•^'' ~'~^^, at which time the council shall hear the item. °°°°*~. Notice of council action shall be given to the applicant by the zoning administrator. The City Council will act on the item within 60 davs from the receipt of a completed application unless the City notifies the applicant of a 60-day extension period or the applicant agrees to a continuance. 525.13 Conditional Use Permits. 525.13 Subd. 9. Commission recommendation. Within fifty ~Ol dales following; the submission of a completed application for a conditional use permit the Planning Commission shall forward a ~ 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 filed or amended. If no action on an application is taken by the Planning Commission within fifty (50) si~{~A} days, and there has been no delay caused or requested by the applicant, or the Citv 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. Anneals. 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 9A 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-daX 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 69 days from the date of the filing of the completed application petitien 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: ~ „T~bermaier, City Clerk `~~// ~, ~° March 4, 1997 March 18, 1997 March 26, 1997 April 15, 1997 ~ ._. ~ ~ ~~ ~ , arles D. Redepenning, Ma r ~._.. AS O FORM AND LEGALITY: ~''~~' ~~ ~ ~ ature Date t