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HomeMy WebLinkAboutOrdinance 683 " . . . ~ I I ORDINANCE NO. 683 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE APPROVING A REZONING OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF LONG LAKE ROAD AND COUNTY ROAD I FROM R-1, SINGLE FAMILY RESIDENTIAL, TO R-2, SINGLE AND TWO FAMILY RESIDENTIAL. THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Appendix A of the Mounds View Municipal Code entitled "Specific Rezonings" is hereby amended to include reference to the following Ordinance 683. Subdivision 1, Purpose. The Mounds View City Council has determined that to expand the housing options and choices available in the City that certain parcels should be reclassified to allow for higher density living as a means to promote and further the life-cycle housing goals articulated in the Comprehensive Plan, Subdivision 2, The Planning Commission held a public hearing related to this request on June 4,2001 and considered testimony of residents, staff, and the applicant, regarding the possible adverse effects of the proposal and based its recommendation on the finding of fact as articulated in Resolution 656-01. Subdivision 3. The City Council held a public hearing on July 9, 2001 and considered testimony of residents, staff and the applicant, considered the possible adverse effects of the proposal and the recommendation and finding of fact provided by the Planning Commission. In addition, the City Council finds that: a. The Property is zoned R-1, Single-family residential, yet is bordered by an R-2 lot to the east and is across the street from other higher intensity land uses, b. All lots fronting Long Lake Road north of County Road I are zoned single family residential. . . . Ordinance 683 Page 2 c. The subject properties were approved for a major subdivision, in which the three existing lots were subdivided into six lots, three of which were requested to be zoned R-2. d. The Comprehensive Plan encourages the expansion of the housing options available in the City as a means to promote and further life-cycle housing opportunities, e, A rezoning of the lots fronting County Road I would not be inconsistent with the existing land uses, however a rezoning of lots fronting Long Lake Road to R-2 would be inconsistent with existing land uses, Subdivision 4. The City Council of the City of Mounds View, based upon its own finding of fact, testimony of residents, staff and the applicant, and the recommendation of the Planning Commission, does hereby authorize that the City's official Zoning Map and the zoning classification for the following legally described property is hereby amended as follows: Parcel Legal Description Existing Zoning New Zoning Designation Designation Lot 4, Lot 5, and Lot 6 of Gustafson's Fifth Addition, R-l R-2 Ramsey County (As shown on attached Exhibit A) SECTION 2, This ordinance is effective thirty days after its publication. First read by the City Council of the City of Mounds View this 9th day of July, 2001. Read and adopted by the City Council of the City of Mounds View on this 28th day of January, 2002. ~~ Richard on er~e, Mayor ATTEST 1{a!fLL '--4:1~ Kathleen Miller, City Clerk-Administrator (SEAL) . . . Ordinance 683 Page 3 Motion: Second: Sonterre: Stigney: Quick: Marty: Thomas: Stiqney Marty AYE AYE Absent AYE AYE N:\DATA\GROUPS\COMDEV\Development Cases\ZC01-001 (Ernest Gustafson)\Ordinance 683 - Rezoning.doc ....... ......._...........~ ~...._ ......... "1""'!...... -.... t.... H ~tI'W'Cf".t~fO'...";;l!""'~~lh;;.vn ..II....'....Vrf--c~nI'I~."'~,J.Illl1D8S.- to be greater than that thereto a: SfjedIIic p8(I8Ity equaI.to:ten per- lall be paid to the City cent -(10%) of the 8/JIOUrIt "-,mail)ing unpaid. lite r receipt of a notice The al'TlQUllt of tal( nOt 'timely paid, togethf;lr personally or sent by with any penalty provided by this sectiO'l1, address shown on the shall bear interest at the rate of te'l:l percent is greater than the tax (10%) per annum from the time such tax lxcess shall be refund- should have. been paid until it is paid. Any paid the tax to the City interest and penalty shall be added to the tax after determination of and be collected as part thereof. 204.11 Administration of Tax. T!1e Director shall administer and enforce the assessment and collection of taxes imposed by this Chapter. The Director shall cause to be prepared ~Iank forms for the returns and other documents required by this Chapter and shall distribute the same throughout the City and furnish them on application, but fail- ure to receive or secure them shall not relieve any person from any obligation required of him or her under this Chapter. 204,12 Examination of Records. The Director and those persons acting on behalf of the Director, authorized in writing by the Director, may examine the books, papers and records of any operator in order to verify . the accuracy of any return made, or if no return was made, to ascertain the tax as pro- vided in this Chapter. Every such operator is directed and required to give to the Director, or such other authorized agent or employee, the means, facilities and opportunity for such examinations and investigations as are here- by authorized. 204,13 Violations. Any person who shall willfully fail to make, a retum required by this Chapter; or who shall fail to pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or .interest imposed by this Chapter, after written demand for such payment, or who .shall refuse to permit the City to exam- ' ine the books, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor, 204.14 Use of Proceeds. Ninety-five percent (95%) of the proceedS obtained from the collection of taxes pursuant to this Chapter shall be used in accordance with Minnesota Statutes !l469,190, as the same may be amended from time to time, to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center, 204,15 ~, A, Any operator aggrieved by any notice, order or determination made by the Director under this Chapter may file a peti- tion for review of such notice, order or deter- mination .detailing the operator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, .the petitioner's address and the location of the lodging subject to the order, notice or determination. B, The petition for review shalL be filed with the City within ten (10) days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review. C. Upon receipt of the petition, the m. Any person may for a refund of taxes )eriod in excess of the r that period, provided refund shall be consid- in one year after such lone year from the fil- ichever period is the :hall examine the claim itten .findings thereon e claim in whole or in lotice thereof by regis- 3rson at the address 1m. If such claim is part, the Director shall :he allowance against this Chapter from the lce of said allowance, 'Y the Director to the File a Return. rator required by this rn shall fail to do so ribed, or shall make, an incorrect, false, Or operator shall, upon and, file such return or five (5) days of receipt and shall at the same n the basis thereof. If to file such return or )irector shall make a -urn, for such person tnd information as the j assess a tax on the x, less any payments ccount of the tax for lered by such return iive (5) days of the and demand for such 3turn or assessment shall be prima facie j such person shall lblishing its incorrect- action or proceeding , of a tax imposed by penalties thereon, is (30) days after it is Ie City may institute lay be necessary to I plus interest, penal- ibursements of any wing of good cause. In operator one thirty 1e within which to file lyment of taxes as r provided that inter- )f extension shall be it the rate of ten per- " . ,'A.':Ai-the 'hea;;;'ii:'the petitioner.shiill be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be' represented by counsel of petitioner's cl100sing at petitioner's own expense. " E. The hearing shall be conducted by the City.~lerk-Administrator, or the Clerk- Administrator's designee, provided only that the person conducting the hearing.shall not have participated .in the drafting of the order, notice or determination for which review is sought. E The person conducting the hearing shall make written findings of fact and con- clusion based upon the applicable sections . of this Chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or deter- , mination made by the Director. G. Any decision rendered by the City Clerk-Administrator. or the City Clerk- Administrator's designee, pursuant to this subdivision may be appealed to the City Council, A petitioner seeking to appeal the decision must file a written notice of appeal with the City within ten (10) days after the decision has been mailed to the petitioner. The matter will thereupon. be placed on the Council agenda as soon as it is practical. The Council shall then review the findings of fact and conclusions to determine whether" they are correct. Upon a determination by the Council that the findings and conclusions are incorrect, the Council may modify, reverse or affirm the decision of the City Clerk-Administrator, or the City Clerk- Administrator's designee, upon the same standards as set forth in Subparagraph E Effective Date. This ordinance shall be in full force and effect from the 1st day of August, 2001 which is 42 days after the origi- nal publication date. Adoption Date, Passed and adopted by the City Council of the City of Mounds View the l1t1'\ day of June, 2001. . Rich Sonterre, Mi3yor ATTEST: Kathleen Miller, City Administrator APPROVED AS TO FORM: Scott Riggs, City Attomey Approval Motion: Thomas Second: Stigney Sonterre: Aye Stigney: Aye Quick: Aye Marty: Aye Thomas: Aye (June 14, 2001) Mounds View, New Brighton, St. AnthOny Focus News . .. ' 6USTAFSONS FIfTH ADDITION . - - \\t:ST 1/4 CORNER SEC. 5. T\\I' 30. RNG 23, ClM N89D48'SO"E 296.8 t NORIll liNE OF THE SOUIll 1/2 OF lOT B. BLOCK I, GREENFIELD 'AOD. I ---------- --- ------ I .-, I ' J I I- - 33.00 - 33.00 I .. ' , I 0 I (, 0 on ~~' LOTl on ;!! I I .,; .. ,I , I (, I ~.~ ~ , on" L -.J ;<N 8:l N g~O:- zl I I --- I .....:.... I I < . 13LOCX 1 I I ~~' ~ I ,_, 0 I t..:.. LOT2 I 0 0 0 ~ ""..1 ;!! I c;:.. I :c .', ~ .. sl -. ,-, I ' - 1 ~ '.' -- '.' ,,- o~ ,.. iQ' L -.J on . ""~ --- N89~Or- --- - 2ID7- --- <,; . CO ... U> O~ 94.00 102.76 50.00 50.00 ~ 0 .. ; II. I ~ on ~ on g on N N 0 N In LJ..J ~ -~- r ----- l \- -l r l ~.. :J '. ~ . I I I .,:,.1 I I en .- '" '" :-- - 33.00 ~ - 33.00 I I I LOT4 ,', I I I w '-' w w 6 I LO'13 I~ ql I~ ql _'0 16 , c:- .,; .'" ~: Ie d, :l I~ ~I " I~::!I '-' I -0 , Sl , ,-, I I I , I I I '-' - LQTS LOT6 . , J --, I I I I I I . - I I I ',' I I I L ,,- J L J L J --- --- 94.00 102.74 50.00 50.00 296.74 S89048'SO"W /. SW CORNER SEC. 5, TWP 30. RNG 23. CIM I .. o " o I I I L_ 1- SOUIll 1/4 CORNER SEC. 5, - "- TWP 30, RNG 23. ClM \ ~ ----l 10.00 J 5.00, 10.001 -- ~ ,--- I L 10.00 -5.00 .... ...... . It. . -,- ... ~ I I II I'" I .... ...... ..... , ~ I t'... ..... ... ,.... ..,. I I "I I ,\..,.. \\.... .. o 8 I I I I -- . - -1318.99- - N89'48'50'E ~ " o I .. .. " o 1 -' L . __. , --. ... ,-, '-' 0 . 1 -- - NORTH ,- , ,-, GRAPHIC SCALE ,-, JO . ., JO .. ,-, ~.. I , I .:' ( IN FEET ) ~ inch . 30 II -0 '.. ~- ,-, V;~"" ,-, CO"" ~. , 0 --, 0 CI) " , UJ THE WEST LINE OF THE SW 1/4 OF SECTION 5, T. 030, R. 23 IS ASSUMED " TO SEAR NOOo45'OI'W u_ ,-. . DENOTES 1/2 INCH IRON MONUMENT FOUND , (PINCHED IRON PIN) NO MONUMENTS SYMBOL SHOWN AT LOT ..J CORNERS INDICATES MONUMENTS TO BE SET " ACCORDING TO MINNESOTA STATUTES. AND ,. , WHICH SHALL BE IN PLACE ON OR BEFORE UJ THE 1 sl DA Y OF DECEMBER I, 2002. ,,- LO. , r, '.' DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: STREET L _L10.00 t REAR LINE BEING 5 FEET IN WIDTH. UNLESS OTHERWISE INOICA TED, AND ADJOINING SIDE LOt LINES ANO BEING 10 FEET IN WIDTH. UNLESS OTHERWISE INDICA TED. AND ADJOINING STREET AND REAR LOT LINES AS SHOWN ON THIS PLAT. KNOW ALL MEN BY nitSE PRESENTS: Thot Emest Gustafson. 0 single person. owner of the following described property situated in the City of Wounds View. County of Romse)'. Stole of Minnesota: Lots 9 and 10 ond th, South holf 01 Lot 8. GREENFIELD AOOlnON. Ramsey County. Minnesota. Hove caused the some to be surveyed ond plotted 01 CUSTArSONS F'IFTH AOOJnON.. and do hereby dedicate to the pubHc for public use foreY8l" the drainage ond utuity eosement. 01 shown on this plot. In witness whereof' acid Ernest Gustafson. 0 single person, has hereunto set his hand this _ day of 200_ Ernest Gustafson STAlE OF MINNESOTA COUNTY OF The fore90ing Insl",m."t wos acknowledged before m. this doy of . '200_ by Ernest Gustafson. 0 single persOn. Notory Public. County. U~nesoto My Commission Expires T I hereby certify thot I hove surveyed and plotted the prop..ty described on this plot OS CUSTAFSONS FirTH ADDITION: that this plot is 0 correct representation of the survey: thot oN distances ore correctly shown on the plot in feet ond hundredths of o. foot: thot 011 monuments will be correctly placed in the 9round as shown: that the outside boundory Jines ore correctly designated on the plot: and there ore no wet lands os defined in Minnesota Statutes. Section 505.02. Subd. 1. or public highwoys to b. desi9noted other thon os shown on this plot. Ronold P. Alwin. land Surveyor Minnesota license No. 17765 STAlE OF MINNESOTA COUNTY OF The fore9oin9 Surve)'".'s CertiftCote wos ocknowled9ed before me this . 200_ by ROncMd P. Alwin, a Ucensed Land Surveyor. day of Notory public. County. Minnesoto My Commission Expil'es Jonu~y 31. 2005 City of Uounds V.ew We do hereby certify Ihot on the doy of . 200_ the City Council of the City of Mound.view. Minnesota. oppt'oved this plot. All monument. will be set 05 specified by the City Council and os stated on this plot. according to Minnesota Statutes. Section 505.02. Subd. 1. Richord Sonterre. Morer Kathleen Miller. Clerk/Adminstrotor Taxes po)'Oble in the year! _ on Ihe lond herein described hove been paid. oIso -Inere ore no delinquent taxes (nd transfer entered this doy of . 200_ , Direclor Deportment of Property Taxotion By . Deputy Pursuant to Minnesota Statutes. Section 383A.42. this plot. has been examined and is approved this day Qf . 200_ and the conditions of Minnesota Statutes. Section 50S.03. Subdivision 2. hove been fulfilled. ~" 2~~e~' c~~;okurLy;Yor County Recorder County of Ramsey. State of Uinnesolo I hereby certify that this plot of CUSTAF"SONS F"IF"TH Recorder for publiC record on this o'clock _ .U. and was duly filed in Book ., os Document Number ADOlnON was filed in the office of the County day of . 200 at of Plots, Pages ond Deputy County Recorder METRO . , , ; ~ . Sun Focus AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF RAMSEY) Gene Carr, being duly sworn on an oath states or affirms that he is the publiSher or authorized agent and employee of the publisher of the newspaper known as Sun Focus, and has full knowledge of the facts which are stated below, (A) The newspaper has complied with all of the requirements constituting qualifi- cation as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331 A.07 and other applicable laws, as amended. (B) The printed (Official Publication) Legal Notice - City of Mounds View ~ Ordinance 683 ~ which is attached, was cut from the columns of said newspaper, and was printed and published once each week, for -1- successive weeks; it was first published on Thursday the ~ day of February, 2002, and was thereafter printed and published on every Thursday to and including the _ day of February, 2002; 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: abcdefghijklmnopqrstuvwxyz By: 4? Title: Publisher Subscribed and sworn to or affirmed before me on this ~day of February, 2002. v';./.)vv.; ,i"./I..i V'vl.;vv..1Oj: .~ !;"::T,"! I'"".'::,! lV',' '-11:::::/'8,::1 U"~' ~ " ',...-. .l~, '",,-''--' . I u..... .Vi :f: ~~o l-i\~'~ / !.:lU5UC-MINNESOTA IAI COI"MISSION EXPIRES 1-31.2005 . Notary P\1f)ffc"'W\'~!V,"'N,."I'/\lV\"""'J\""V\lVI,/'''''N. RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.55 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 6.20 per line (3) Rate actually charged for the above matter $ .45lt per line . ' ':">'; .