HomeMy WebLinkAbout1982-085 Council OrdinancesCITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 85
AN INTERIM ORDINANCE REGULATING THE USE AND DEVELOPMENT OF
LAND WITHIN THE CITY OF LINO LAKES FOR THE PURPOSE OF PROTECTING
THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF
THE CITY.
The City Council of the City of Lino Lakes does hereby
ordain:
Section 1. Legislative Findings of Fact
The City of Lino Lakes, Minnesota, a predominantly residential
and agricultural community has sustained considerable urban
residential development. Because of the lack of urban
services capable of accommodating such occurrence, the City
has commenced the process of preparing and adopting a Community
Development Plan and official controls pursuant to Minnesota
Statutes 462.355. Because of, and following, plan adoption,
the City will prepare and recommend for hearing and adoption
new and amended ordinances and regulations governing land
use and development in the City which are reasonable and
necessary measures for effectuating the adopted plan. The
City finds that unless reasonable measures are taken for a
reasonable interim period to protect the public interest by
preserving the integrity of said plan until the appropriate
ordinances and regulations are adopted that unplanned development
may destroy the integrity of the Community Development Plan
and its basic purposes, need and effect.
Section 2. Legislative Intent
It is the intention of the City Council to protect the
Community Development Plan, amendments thereto, and their
implementation by hereby adopting, pursuant to the authority
vested in the Council by Minnesota Statute 462.355, Subd. 4,
an interim ordinance for a reasonable time during the consideration
of the aforementioned ordinances and regulations for the
City, to protect the public health, safety and welfare and
prevent a race of diligence between property owners and the
City during said consideration, which would, in many instances,
result in the continuation of a pattern of land use and
development which would be inconsistent with the Community
Development Plan, amendments thereto, and ordinances and
violate their basic intent and fail to protect the health,
safety and welfare of the community.
Section 3. Affected Area; Supercedes
This ordinance shall apply to and govern all areas of the
City of Lino Lakes. This ordinance, during its effective
period, shall replace and supercede provisions in all other
ordinances and regulations applicable to the City of Lino
Lakes which are in conflict or inconsistent with the provisions
herein. All ordinances and provisions therein which are not
in conflict with the terms and conditions of this ordinance
shall continue in full force and effect.
Section 4
. Scope of Control
Except as
period of
hereinafter provided in this ordinance, during the
May 12, 1982, through May 12, 1983:
Neither the Planning Commission of the City or the
City Council shall grant any preliminary or final
approval to a subdivision plat, site plan, or
other development map or application, unless such
subdivision plat or site plan has received preliminary
approval of the City Council prior to May 22,
1982. Furthermore, all subdivision of property by
metes and bounds description shall be prohibited
during this period of time.
Section 5. Appeal Provisions
The City Council shall have the power to vary or modify the
application of any provisions in this ordinance upon its
determination and its absolute legislative discretion if
such variance or modification is consistent with the letter
and intent of the Community Development Plan upon which this
local ordinance is based, and with the health, safety and
general welfare of the City of Lino Lakes. Upon receiving
any application for such variance or modification, the City
Clerk shall refer such application to the Planning Commission
for the report of said Planning Commission with respect to
the effect of the variance or modification upon said Community
Development Plan. Such report shall be returned by the
Planning Commission to the City Council within 60 days
following the initial application and shall be placed on the
next agenda for the City Council.
Section 6. Penalties
Any person, firm, entity, or corporation who violates any
provisions of this ordinance shall be guilty of a misdemeanor
and upon conviction shall be punished as defined by state
law.
Section 7. Validity
The validity of any word, sentence, section, clause, paragraph,
part or provision of this ordinance shall not affect the
validity of any other part of this ordinance which can be
given effect without such invalid part or parts.
Section 8. Effective Date
This ordinance shall take effect thirty (30)
a publication as required by City Charter.
e,-CL
Passed this jday of
Clerk
11.
days following
, 1982.
(
Mayor