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Home My WebLink About276 '. , STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 276 AN ORDINANCE RELATING TO THE ESTABLISHMENT AND DUTIES OF THE ARDEN HILLS PLANNING COMMISSION. The Arden Hills City Council hereby ordains that Sections 20-16, 20-18, and 20-24 of the Arden Hills Municipal Code are hereby Amended; and Sections 20-24(A) and its subdivisions and 20-24(B) are hereby Added to the Arden Hills Municipal Code to read as follows: Section 20-16. Appointment. At the first Council meeting at the calendar year, the mayor shall appoint a Planning Commission consisting of seven (7) members subject approval by a majority vote of the entire Council. Section 20-l8. Terms. The term of each member of the Planning Commission shall be for the calendar year of the balance thereof following the member's appointment. . Section 20-24. Powers and Duties. A. The Planning Commission shall fulfill the functions of the City's Planning Agency and its Board of Adjustments and Appeals. It shall exercise the duties conferred on it by the City Council and shall have the powers prescribed for such agencies and boards pursuant to M.S. 462.351 through 462.364, as amended, including but not limited to the following: 1. Comprehensive Plan. The Planning Commission shall prepare the City's comprehensive municipal plan, periodically review the plan and make recommendations to the City Council regarding the adoption or amendment of the plan. 2. Public Property. The Planning Commission shall review the proposed public acquisitions and disposals of real property; proposed public improvements to real property; and shall advise the City Council in writing whether such acquisitions, disposals or improvements are in compliance with the City's comprehensive plan. Failure of the Planning Commission to report on the proposal within 45 days after referral by the City Council or within such , other reasonable period as may be designated by the 1 I . t City Council shall be deemed to have satisfied this review requirement. The City Council may, by resolution adopted by an affirmative vote of four (4) Council members, dispense with this review requirement if, in its judgement, the City Council determines that such proposal has no relationship to the City's comprehensive municipal plan. 3. Public Hearinos. The Planning Commission shall conduct public hearings as required by State law or the provisions of the Arden Hills Municipal Code. 4. Appeals From Administrative Decisions. The Planning Commission shall hear and decide 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 City's Official Controls. 5. Variances. The Planning Commission shall hear requests for variances pursuant to the requirements contained in the City's Official Controls. 6. Buildino Permits. When a building permit for the construction of a building is not issued because the building is to be constructed within the limits of a . mapped street, outside of any building lines that may have been established upon an existing street, or within an area identified for public purposes on an official map adopted by the City, the Planning Commission, upon appeal filed with it by the affected property owner, may authorize the issuance of a building permit for said building in such location in any case in which the Planning Commission finds: a. That the entire property of the Appellant, part of which is included within or is located outside of one or more of the above-described areas, cannot yield a reasonable return to the Appellant unless the building permit is granted; and b. That justice and equity require the issuance of the building permit when the City's interest in preserving the integrity of its official map and comprehensive plan is balanced against the Appellant's interest in the use and enjoyment of the property. . 2 I . . . , . . , t If the Planning Commission authorizes the issuance of a building permit, as herein provided, the City shall have six (6 ) months from the date of the decision of the Planning Commission to institute proceedings to acquire such land or interest therein. If no such proceedings are started within that time, the building permit shall be issued in accordance with the applicable City Regulations, if the application for said permit otherwise conforms to' City Regulations. B. Recommendations. The recommendations and findings of i the Planning COl)lmission, except as provided in Section i 20-24(A)(6), shall be advisory to the City Council which may take such action thereon as it deems proper. The Arden Hills City Council hereby ordains that Sections 20-17, 20-23, 20-24(a) , 20-24(b), 20-29 and Section IX of Appendix A and its subsections of the Arden Hills Municipal Code are hereby Repealed. Effective Date. This ordinance shall be effective the day following its publication. . Adoption Date. Passed by the City Council of the City of Arden Hills the 2nd of January , 199 1 d~A~ Thomas Sather, Mayor ATTEST: h Y2 8~ Gary . Berger, Administrator Publication Date. Published on the 9th of January , 1991 . \USERS\LISA\JFDISK4\AHORD90.008 10/22/90 . J l\ffillauit of nIublication - g,tate of 1$tinne.!iota} .!i.!i. <!Lountll of IUtm.!iell N. Theodore LIllie , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New Brighton BUlletin , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 831A.02, 331A.07, and other applicable laws. as amended. (B) The printed Orrlitlrlt1("!p Nt) ?7;:" which is attached was cut from the columns of said newspaper, and was printed and published once s;3.ch week. for 1 successive weeks; it was first published on Wednes day the 9th day of Jan., 19 ~, and was thereafter printed and published on every to and including the day of , 19 ~; and printed . below is a copy of the lower case alphabet from A to Z. both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: . A8ellE:I't)HIJKlMI~OPQIISTtt. iIIX. Z BY: J1 5x~~a/ .)TteL p . :,e8SEF8J IklJ(LfliIlJ6P6flSfl:l. "x ,! . abcdelghijkJmllopqrstuvwxyz TITLE: i/~ Subscrib'ed and sworn to before me on this 9th da'(l/ Jan., 19 91 aLA ;, I" / ), "./; ,~ J '"""'""77 Notary Public . ... * Alphabet should be in the same size and kind of type as the -notice. "'~.,....".~~~.................~ t Cr\F:C'LE HE.Ur1lJt'JG ;;'DTAR,'PUBLlC - "",,NNE"SOH, RATE INFORMATION :: R;\MSEY COUI\Jl Y :-; ~il~' O~r(\miCl~irjn Expires "'~6.y 7.1002 ,~, ':-,'_,-'.....,~~;.HH#~"""~~n~ ('I) 'f::owest classified rate paid by commercial users for comparable space _ . . -... .$12.00 per col. inch (2) Maximum rate allowed by law for the above matter _ . . . . . $8.93 per col. inch tt (3) Rate actually charged for the above matter " "$ per col. inch 1/91 . STATE OF MINNESOTA COUNTY OF RAMSEV CITY OF. ARDEN HILLS ORDINANCE NO. 276 AN ORDINANCE RELATING TO THEESTABUSH. MENT AND DUTIES OF THE ARDEN HILLS PLANN- ING COMMISSION. - The Arden Hils CitJ CQunCiI h....by ordlilns thai Section. 20.16, 20-18, and 20-24 of the Arden Hills MunldpalCGde..... hIqby.AmencbKl; end SectIons 2O-24(A) and 118 wbdtvlstons and 2O-24(B).re hereby Added to the Anhn Hills Municipal COde to r~a. Mlo..: Section 2Q.16. Appointment. AI the lirst Coun_cil meeting at the calendar year, the mayor shall appoint a Planning Commission consisting of seven (7) members subject approval by a majority vote 01 the en, tire Council. Seelion 20-16. Tenn.. Thelerm ofe8th member of the Planning Commission shall be for the calendar year _of the balance thereoflollowing the member's appointment. " _ Section 20-24. Powers and Dutles. A. The Planning COmmission shall fulfill the functions Ollhe City's Planning Agency and Its Board of Ad- Justment> and Appeals: II shaH exercise the duties con- ferred on it. by 1M Ci,ty ,Council and shall have the powerS preScribed lor such agencies and boards pur. lluanl.lo M.S. 462.351.lhrough 462.364, as amended, lfIcluding but not Ilmlled to the following: 1. CompI'ehenstve P*I. The Planning Commission sl\aJl PfElP're the Cily's comprehensive municIpal plan, periodically rev~ the plan and make recommenda- tions to the City Counc:il regarding the adoption or amendment 01 the plan. 2, Publk: Property. The Planning Commission shaH review lhe proposed public acqUISitions and disposals Of real property; proposed public imrpovements teresl property; and shalla4vlse lhe City Council In writing whether such acquisitions, diSpOSals or improvemems are In compliance wilh the City's comprehensive plan. Faill,lre of the P\a(1ning Commission to report on the proposal within 45 days after referral by the City Council (ltwilhln such othe( reasonable period as may_be designated by the City Couocil shlllll be deemed to have satisfied this review requirement. TIte CIIy Council may, by resolullonadopleQ by an affirmative vote of lour.(4) Council memb8f'S, di$pense with this reviewr8qUlf8- merit if, in its judgement, the City Council determl1l85 thatsuch proposal has no relationShlpto the City's com. prElt)ensive muniCipal plan. 3-. PubIc.HMItRge.::Th9 Aanning Commission shall conduct public heelrings as required by State law or the provisions of the AfdenHlIIs MunlclpaJ Code. 4. Appeeltl From Admlnl" Ptoclslon$. The . Planning Commissio".~.hear and decide ~eals where Ills alleged thai ',Ihere is aJ'i error In any order, requirement, decision, or detefminallon made by an sd- minlstrative officer in the enforcerl'lent 01 the City'sOf~ ficlalControl$. 5. V.ri.nces. The Planning Commission shall hear requests for variances pursuant Iollle requirements cootained in the City's Official Controls. 6. Bulldktg PermIts. When a building permit tor the construction of a building is, not ISsued because the buikling Is to be constructed within the limits of a map- ped street. ou~,ot any-bullding lines thai may have been establlStled upon iMl,exisling.$treet, or within an area identlfjed tor public PUrpo:se$or'l an ofticial map adopted by the City, the:f'tanning Commission, upon . appeaIllledwitt1 it bytheaffeQed ~~,-may .........~.ofabu~'"""'ItIor.IMlid. i buIIdlnI.IrnIUth__.lnany ~-""'thfMan,., ninG CommIssion II.. ,- I a. That !he entIre_ prop8f1y of !he Appellanl, pwt of which is included wtlhin Of Ii IocaIed outside 01 one or m.oreof the above-deecrlOed arus, cannot yield a ~ retumto IheAppelant ur\le$s 1he building permit is granwd; lif1d b: Thai jusliceand equity require 1he issuance oltha bUl~lng perTmt whenthEt CIty'S interest in preselVing ~hemtegrlty of its,officlal map and comprehensive plan IS balanced against the Appellant's interes1 in the use and enjOytnentof the property. If 11\8, F'tarinlng'_CommlllslolliJJlhorizesthe Issuance of a b!Jllding permit, as herein provided, the City shall have SIX (S)'mqn'PIslrom the ctaleof lhe decision of Ihe.~aJ'U1insCOmmission to instiiute ptOCeedlngs to acquire suthlandorWel'esitl1erein.lf'na such pro- oeedings'~started within lhallime, the building per- mit shallf>> iSBl,iedln accordanOe'~ttl the applicable qtyReg~, illht~licationft)r~d permilother- wise COM,arms loCityegula'tionS:'. . B. ~ Tt1tr'i'8t)Ol"i'Ih'Iendationsand findings,of m.ePlanning Commission, except as pro- vl~ed in Se.ction?O',24(A)(6).. ~aII. be advisory to the CIty Council Whi~ may take such action thereon as il deems PfOper.:' .. The Atcten HIIIsCity eouncn he~byOOiains thai Sec- tion 2(J-17, 2<J..22, 20-23, 2O-24(a), 2O-24(b) 2();.29 and Section IX of Appendix A and its subsections of lhe Arden Hills Municipal Code are hereby Repealed. - Effective Dele: This ordinance shall be effective the day lollowingits pubfication. Adoption Date_ Passed by the-City Council 01 the ~yof Arden Hills the 2nd of January, 1991. I Thomes S.r ATTEST: Mayo.. Gaiy Fl. Berger Administrator (Bulletin: Jan. 9, 1991)