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REQUEST FOR CITY COUNCIL ACTION <br />Departtnent Approval: <br />D�TE: 01/14/08 <br />ITEM NO: 9.a <br />City Manager Appr�oval Agenda Section <br />Item Description: 1-�DOPTION of an O�IN�NCE r�MENDING TITLE 1, 10 and 11 of <br />the Roseville CitS� Code pertaining to the minimum public hearing <br />notification distance (PF07-061) <br />1.0 REQUEST: <br />2 l.l To AMEND all sections of Title 1, 10 and 11 of the Roseville City Code increasing the <br />3 public hearing notification distance from a minimum of 350 feet to a minimum of 500 <br />4 feet. <br />5 <br />6 1.2 <br />7 <br />8 <br />9 <br />10 <br />11 2.0 <br />The second portion of the initial request sought to add a mandatory open house on all <br />Planned Unit Developments. The item was continued by the Planning Commission for <br />future information and discussion. The item is scheduled to be considered at the February <br />6, 2008, Planning Commission meeting. <br />BACKGROUND — PUBLIC HEARING NOTIFICATION: <br />12 2.1 Over the past year questions have been raised concerning the process by which property <br />13 owners and residents are noticed regarding pending land use and zoning public hearings. <br />14 This process is regulated by both State Law and City Ordinance. <br />15 <br />16 2.2 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />Minnesota Law sets forward a required notification process for zoning ordinance <br />adoption and amendment. State Statute 462.357 Subd. 3. states: <br />Public hearings. No zoning ordinance or amendment thereto shall be adopted until a <br />public hearing has been held thereon by the planning agency or by the governing body. A <br />notice of the time, place and purpose of the hearing shall be published in the o�cial <br />newspaper of the municipaliry at least ten days prior to the day of the hearing. When an <br />amendment involves changes in dist�ict boundaries affecting an area of five acres or less, <br />a similar notice shall be mailed at least ten days before the day of the hearirrg to each <br />owner of affected property and property situated wholly or partly within 350 feet of the <br />property to which the amendment relates. For the purpose of giving mailed notice, the <br />person responsible for mailing the notice may use any appropriate records to determine <br />the names and addresses of owners. A copy of the notice and a list of the owners and <br />addresses to which the notice was sent shall be attested to by the responsible person and <br />shall be made a part of the records of the proceedings. The failure to give mailed notice <br />to individual p�operty owners, or defects in the notice shall not invalidate the <br />proceedings, provided a bona fide attempt to comply with this subdivision has been rnade. <br />PF07-061_RCA_011408.doc Page 1 of 4 <br />