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HomeMy WebLinkAbout2007-06 Interim Ordinance Temporarily Prohibiting Issuance of Demolition Permits in the Country Club District ORDINANCE NO. 2007-06 CITY OF EDINA HENNEPIN COUNTY, MINNESOTA AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE ISSUANCE OF DEMOLITION PERMITS IN THE COUNTRY CLUB DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA ORDAINS: SECTION 1. DEFINITIONS: The following terms when used in this ordinance shall mean: Country Club District means the area bounded by Minnehaha Creek to the west, Sunnyside Road to the north, Arden Avenue to the East and 50`' Street to the south. Demolition means to tear down or remove a dwelling, or to tear down or remove any part of a dwelling if a demolition permit is required. Dwelling means homes for which a building permit was issued prior to 1951 or which were constructed in 1951 or earlier. Dwelling does not include detached garages, sheds, patios and decks. Official Controls means ordinances and regulations which control the physical development of the City or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. SECTION 2. BACKGROUND: In 1980 the Country Club District was listed in the National Register of Historic Places. In 2003 the District was zoned as an Edina Heritage Landmark. The City's Heritage Preservation Board is undertaking a resurvey of the District. The last survey was undertaken in 1979. The survey will document the resources in the District and evaluate the changes that have occurred since 1979. SECTION 3. INTENT: It is the intent of this ordinance to allow the City of Edina time to complete an evaluation of the District and to consider changes in the City's official controls necessary to preserve the historic integrity of the District and in the interim to preserve the status quo. SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above referenced study and the adoption of appropriate official controls, demolition of dwellings in the Ordinance No. 2007-06 Page Two Country Club District is prohibited, and no permits shall be processed or approved and no application for such approvals shall be accepted for demolition permits, for dwellings in the County Club District. SECTION 5. EXEMPTIONS: A. The statutory exemption to this ordinance set forth in Minnesota Statutes § 462.355, Subd. 4 is incorporated herein by reference. B. This ordinance does not apply to dwellings that have been destroyed by fire or natural peril to the extent of greater than fifty percent (50%) of market value. C. The ordinance does not apply to dwellings determined to be hazardous pursuant to Minnesota Statutes § 463.15, et seq. D. This ordinance does not apply to demolition in conjunction with and necessitated by the repair of a dwelling, if the repair is necessitated by damage caused by fire or natural peril. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect from and after its passage and publication and shall remain in effect until the date of the adoption of the official controls contemplated hereunder and the repeal of this ordinance or April 16, 2008, whichever occurs first. First Reading: April 17, 2007 Second Reading: Waived Published: April 26, 2007 Attest 6 ' Ku ifJ Debra A. Mangen,t City CVerk James 13. Hovland, Mayor City of Edina (Official Publication) ORDINANCE NO.2007-06 is CITY OF EDINA HENNEPIN COUNTY,MINNESOTA AN INTERIM ORDINANCE TEMPORARILY newspapers PROHIBITING THE ISSUANCE OF DEMOLITION PERMITS IN THE COUNTRY CLUB DISTRICT AFFIDAVIT OF PUBLICATION THE CITY COUNCIL OF EDINA,MINNESOTA OR- DAINS: STATE OF MINNESOTA ) SECTION 1. DEFINITIONS: The following terms )ss. when used in this ordinance shall mean: COUNTY OF HENNEPIN ) Country Club District means the area bounded by Minnehaha Creek to the west,Sunnyside Road to the Richard Hendrickson, being duly sworn on north,Arden Avenue to the East and 50th Street to the an oath,states or affirms that he is the Chief south. Financial Officer of the newspaper known as Demolition means to tear down or remove a dwelling, Sun-Currentor to tear down or remove any part of a dwelling if a demolition permit is required. and has full knowledge of the facts stated Dwelling means homes for which a building permit below: was issued prior to 1951 or which were constructed in A 1951 or earlier. Dwelling does not include detached ( )The newspaper er p P has complied with all of garages,sheds,patios and decks. the requirements Constituting qualifica- Official Controls means ordinances and regulations tion as a qualified newspaper as provid- which control the physical development of the City or ed by Minn. Stat. §331 A.02, §331 A.07, any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Of- and other applicable laws as amended. ficial controls include ordinances establishing zoning, (B)The printed public notice that is attached subdivision controls, site plan regulations, sanitary codes,building codes and official maps. was published in the newspaper once SECTION 2. BACKGROUND: In 1980 the Country each week, for One _ successive Club District was listed in the National Register of Historic week(s);it was first published on ThurS- Places. In 2003 the District was zoned as an Edina Her- da ,the 26 da of Aril itage Landmark. The City's Heritage Preservation Board y y p is undertaking a resurvey of the District. The last survey 2007, and was thereafter printed and was undertaken in 1979.The survey will document the re- ublished on Thursda t0 and In sources in the District and evaluate the changes that have p ever y y occurred since 1979. cluding Thursday, the __ _ day of SECTION 3. INTENT: It is the intent of this ordinance ,2007;and printed to allow the City of Edina time to complete an evaluation below is a Copy of the lower case alpha- of the District and to consider changes in the City's official controls necessary to preserve the historic integrity of the bet from A t0 Z, both inclusive, which Is District and in the interim to preserve the status quo. hereby acknowledged as being the size SECTION 4.TEMPORARY PROHIBITION: Pending and kind of type used in the composition the completion of the above referenced study and the adoption of appropriate official controls, demolition of and publication of the notice: dwellings in the Country Club District is prohibited,and no permits shall be processed or approved and no applica- abcdefghijklmnopgrstuvwxyz tion for such approvals shall be accepted for demolition permits,for dwellings in the County Club District. SECTION 5. EXEMPTIONS: A. The statutory exemption to this ordinance set forth in e Minnesota Statutes§462.355,Subd.4 is incorporat- ed herein by reference. BY: G B. This ordinance does not apply to dwellings that have been destroyed by fire or natural peril to the extent of 4CFO greater than fifty percent(50%)of market value. C. The ordinance does not apply to dwellings determined to be hazardous pursuant to Minnesota Statutes § 463.15,et sea. D. This ordinance does not apply to demolition in con- Subscribed and sworn to or affirmed junction with and necessitated by the repair of a before me on this 26 day of dwelling, if the repair is necessitated by damage caused by fire or natural peril. April 2007. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect from and after its passage and a- tion and shall remain in effect until the date of thee adop- tion tion of the official controls contemplated hereunder and the repeal of this ordinance or April 16,2008,whichever Notary Public occurs first. First Reading: April 17,2007 Second Reading: Waived Published: April 26,2007 MARY ANN CAR:1-31-09 Attest NOTARY PUBLIC—MI MY COMMISSION EXPIRDebra A.Mangen,City Clerk i 000 James B.Hovland,Mayor (Apr.26,2007)d1-Ord 2007-06 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line