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HomeMy WebLinkAbout1999-11 Amending Section 850 By Establishing A Time Limit For Apporved Final Development PlansORDINANCE NO. 1999- 11 AN ORDINANCE AMENDING SECTION 850 OF THE CITY CODE BY ESTABLISHING A TIME LIMIT FOR APPROVED FINAL DEVELOPMENT PLANS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph C of Subdivision 2, of Subsection 850.04 of the City Code is amended by adding the following subparagraph 11: 11. Lapse of Approved Final Development Plan by Non -User; Extension of Time. a. If a building permit has not been obtained, and if erection or alteration of a building, as described in the application for final development plan, has not begun within two years after final development plan approval, the approval shall be null and void unless a petition for extension of time in which to commence the proposed work or improvements has been granted. b. A petition for extension shall be made in writing and filed with the City Clerk within such two year period. The petition shall state reasons showing why a building permit has not been obtained, or why erection or alterations have not commenced, and shall state the additional time requested to begin the proposed work or improvement. The petition shall be presented to the Council for hearing and decision in the same manner as then required for an original application. The Council may grant an extension of up to one year upon finding that: i. there is a reasonable expectation that the proposed work or improvement will commence during the extension, and ii. the facts which were the basis for approving the final development plan have not materially changed. No more than one extension shall be granted. Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. For purposes of this ordinance final development plans approved prior to the effective date shall be considered to have been approved as of the effective date. Adopted this 16`h day of November, 1999. First Reading: October 19, 1999 Second Reading: November 16, 1999 Published in Edina Sun Current: November 24, 1999 Attest 44 1 i Cl rk Mayor STATE OF MINNESOTA) ss. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Current , or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 24 day of November , 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 1999; 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: abcdefghijklmnopgrstuvwxyz Publisher Subscribed7dayof_l",�)&_, onthis'., 1999. 0 MERIDEL M. HEDBLOM NOTARY Pusuc MINNESOTA MY COMMISSION EXPIRES 131,8008 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.55 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line CRY of Edu (Official Publication) ORDINANCE NO. 1999.11 AN ORDINANCE AAMMING SECTION 960 OF THE CITY CODE BY ESTABLISENG A TIML IJWT FOR APPROVED FINAL DEVELOPMENT PLANS THE CITY COUNCIL OF THE CITY OF EDINA, MIN- NESOTA, ORDAINS: Section 1. Paragraph C of Subdivision 2, of Subsection 850.04 of the City Code is amended by adding the follow- ing subparagraph 11: 11. Lapse of Approved Final Development Plan by Non - User; Extension of Time. a. If a building permit has not been obtained, and if erec- tion or alteration of a building, as described in the appS- cation for final development plan, has not begun within two years after final development plan approval, the ap- proval shall be null and void unless a petition for exten- sion of time in which to commence the proposed work or improvements has been granted. b. A petition for extension shall be made in writing and filed with tke City Clerk within such two year period. The petition shall state reasons showing why a building per- mit has not been obtained, or why erection or alterations have not commenced, and shall state the additional time requested to begin the proposed work or improvement. The petition shall be presented to the Council for hearing and decision in the same manner as then required for an original application. The Council may grant an extension of up to one year upon finding that: i. there is a reasonable expectation that the proposed work or improvement will commence during the exten- sion, and ii. the facts which were the basis for approving the final development plan have not materially changed. No . more than one extension shall be granted. Section 2. Effective Date. This ordinance shall be ef- fective upon its passage and publication. For purposes of this ordinance final development plans approved prior to the effective date shall be considered to have been ap- proved as of the effective date. Adopted this 16th day of November, 1999 Attest Debra Mangen City Clerk Dennis F. Maetzold Mayor (November 24, 1999) DI/ Ord 99-11