HomeMy WebLinkAbout2010-14 Interim Ordinance Temporarily Prohibiting Rooftop Restaurants ORDINANCE NO. 2010-14
CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
ROOFTOP RESTAURANTS
THE CITY COUNCIL OF EDINA, MINNESOTA ORDAINS:
SECTION 1. DEFINITIONS: The following terms when used in this ordinance shall mean:
Rooftop Restaurant means a restaurant or any potion of a restaurant open to customers
on the roof covering the highest floor of a building.
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: The City does not have any regulations specific to rooftop
restaurants which may, if not regulated, result in noise, odor, litter light, aesthetic and other
unforeseen problems.
SECTION 3. INTENT: It is the intent of this ordinance to allow the City of Edina time to
conduct studies to evaluate rooftop restaurants and to consider changes in the City's official
controls necessary concerning rooftop restaurants 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 rooftop restaurants are prohibited,
and no permits shall be processed or approved and no application for such approvals shall be
accepted for rooftop restaurants.
SECTION 5. EXEMPTIONS: The statutory exemptions to this ordinance set forth in
Minnesota Statutes § 462.355, Subd. 4 are incorporated herein by reference.
SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and shall remain in effect until the date of the adoption of the official controls
contemplated hereunder and the repeal of this ordinance or June 30, 2011, whichever occurs first.
ADOPTED this 6th day of July, 2010, by the City Council of EdinLinnesota,
First Reading: July 6, 2010
Second Reading: Waived
Published: July 15, 2010
Attest:
ebra A. Mangen, Cit Clerk) James B. Hovland, Mayor
Please publish in the Edina Sun Current on: Thursday, July 15, 2010
Send two affidavits of publication.
Bill to Edina City Clerk
City of Edina
(Official Publication)
ORDINANCE NO.2010-14
l CITY OF EDINA
HENNEPIN COUNTY,MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING
newspapers ROOFTOP RESTAURANTS
THE CITY COUNCIL OF EDINA, MINNESOTA OR-
AFFIDAVIT OF PUBLICATION DAINS:
STATE OF MINNESOTA ) SECTION 1. DEFINITIONS: The following terms when
used in this ordinance shall mean:
)SS. Rooftop Restaurant means a restaurant or any potion of
COUNTY OF HENNEPIN ) a restaurant open to customers on the roof covering the
Richard Hendrickson, being duly sworn on highest floor of a building.
an oath,states or affirms that he is the Chief Official Controls means ordinances and regulations which
control the physical development of the City or any part
Financial Officer of the newspaper(s)known thereof or any detail thereof and Implement the general
as objectives of the comprehensive plan.Official controls in-
Edina Sun-Current clude ordinances establishing zoning, subdivision con-
trols,site plan regulations,sanitary codes,building codes
and official maps.
SECTION 2.BACKGROUND:The City does not have any
and has full knowledge of the facts stated regulations specific to rooftop restaurants which may, if
not regulated, result in noise,odor, litter light, aesthetic
below: and other unforeseen problems.
(A)The newspaper has complied with all of
the requirements constituting ualifica- SECTION it INTENT: It a the intent of this ordinance to
q 9 q allow the City of Edina time to conduct studies to evaluate
tion as a qualified newspaper as provid- rooftop restaurants and to consider changes in the City's
ed by Minn. Stat. §331A.02, §331A.07, official controls necessary concerning rooftop restaurants
and in the interim to preserve the status quo.
and other applicable laws as amended.
B printed SECTION 4. TEMPORARY PROHIBITION: Pending the
(B)The notice that is attached p p completion of the above referenced study and the adop-
was published In said newspaper(s) tion of appropriate official controls rooftop restaurants are
once each week,for One SUCC@SSIVe prohibited,and no permits shall be processed or approved
and no application for such approvals shall be accepted
week(s);it was first published on Thurs- for rooftop restaurants.
day,the 15 day of July SECTION 5. EXEMPTIONS:The statutory exemptions to
2010, and was thereafter printed and this ordinance set forth in Minnesota Statutes§462.355,
published on every Thursday to and In- Subd.4 are incorporated herein by reference.
cluding Thursday, the ___ day Of SECTION 6. EFFECTIVE DATE: This ordinance shall
2010;and printed take effect immediately upon its passage and shall remain
in effect until the date of the adoption of the official con-
below is a copy Of the lower case alpha- trols contemplated hereunder and the repeal of this ordi-
bet from A to Z, both Inclusive, which Is nance or June 30,2011,whichever occurs first.
hereby acknowledged as being the size ADOPTED this 6th day of July,2010,by the City Council
and kind of type used in the composition of Edina,Minnesota.
and publication of the notice: First Reading: July 6,2010
Second Reading:Waived
e g Ij op tuvwxyz Published: July 15,2010
Attest: Debra A.Mangen,City Clerk
James B.Hovland,Mayor
(July 15,2010)D1 Ord.#2010-14
BY:
O
Subscribed and sworn to or affirmed
before me on this 15 day of
July 2010.
X0,L
Notary Public
DIANE L ELIASO
NOTARY PUBLIC-MINNE
Lly Comm.Expires Jati.31,'J2015