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AFFIDAVIT OF PUBLICATION
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE }
<br />Charlene Vold being duly sworn on an oath,
<br />states or affirms that they are the Authorized
<br />Agent of the newspaper(s) known as:
<br />Star News
<br />and has full knowledge of the facts stated
<br />below:
<br />(A) The newspaper has complied with all of
<br />the requirements constituting qualifica-
<br />tion as a qualified newspaper as provided
<br />by Minn. Stat_ §331A.02, §331A.07, and
<br />other applicable laws as amended.
<br />(B) This Public Notice was printed and pub-
<br />lished in said newspaper(s) for 1 succes-
<br />sive issues; the first insertion being on
<br />12/20/2014 and the last insertion being on
<br />12120/2014.
<br />By:
<br />Authorized Agent
<br />Subscribed and sworn to or affirmed before
<br />me on 12/2012014.
<br />Notary Public
<br />F k
<br />Rate Information:
<br />(1) Lowest classified rate paid by commercial users
<br />for comparable space:
<br />$23.00 per column inch
<br />Ad ID 326852
<br />CITY OF ELK RIVER
<br />ORDINANCE 14 - 20
<br />AN ORDINANCE ADDING
<br />CHAPTER 30, ARTICLE VIII LAND
<br />DEVELOPMENT REGULATIONS,
<br />RELATING TO OFFICIAL MAPS
<br />AND ADOPTING AN OFFICIAL
<br />MAP, OF THE CITY OF ELI(
<br />RAVER, MINNESOTA, CITY CODE
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. That Article VIII be
<br />added to Chapter 30, Official Map
<br />of the City of Elk River Code of Or-
<br />dinances shall be amended to read
<br />as follows:
<br />OFFICIAL MAPS
<br />30 -X70(. PURPOSE: Land that is
<br />needed for future street purposes
<br />and as sites for other necessary
<br />public facilities and services is fre-
<br />quently diverted to non - public uses
<br />which could have been located
<br />on other lands without hardship
<br />or inconvenience to the owners.
<br />When this happens, public uses
<br />of land may be denied or may be
<br />obtained only at prohibitive cost or
<br />at the expense of dislocating the
<br />owners and occupants of the land.
<br />identification on an official map
<br />of land needed for future public
<br />uses permits both the public and
<br />private property owners to adjust
<br />their building plans equitably and
<br />conveniently before investments
<br />are made which will make such ad-
<br />justments difficult to accomplish. It
<br />is the purpose of this ordinance to
<br />provide a uniform procedure for the
<br />proper use of official maps as au-
<br />thorized by the Minnesota Munici-
<br />pal Planning Act, Minnesota Stat-
<br />utes, Section 462.351 to 462.36.
<br />30400(.OFFICIAL MAP DE-
<br />FINED: "Official map" as used in
<br />this ordinance means a map ad-
<br />opted in accordance with this or-
<br />dinance showing existing streets,
<br />proposed future streets, and the
<br />area needed for widening or exist-
<br />ing streets of the City. An official
<br />map may also show the location of
<br />existing and future land and facili-
<br />ties within the City. An official map
<br />may cover the entire City or any
<br />portion of the City.
<br />30- XXX.INITIATION OF PRO-
<br />CEEDINGS: Proceedings for adop-
<br />tion, amendment, or repeal of an
<br />Official map or any part thereof may
<br />be initiated by (1) the City's Plan-
<br />ning Department; (2) a recommen-
<br />dation of the Planning Commission;
<br />or (3) action by the City Council.
<br />30 -XXX. REFERENCE TO PLAN-
<br />NING COMMISSION: Every pro-
<br />posed official map or change in a
<br />map shall be referred to the Plan-
<br />ning Commission for advice and
<br />recommendation thereon, and
<br />such recommendation shall be
<br />submitted to the City Council within
<br />forty -five (45) days after reference
<br />to the Planning Commission along
<br />with the report of the Commission
<br />un the effect of the proposal on the
<br />comprehensive plan of the City. If
<br />10 recommendation its received
<br />ay the Council from the Planning
<br />commission within forty -five (45)
<br />Jays after reference of the proposal
<br />o the Commission by the Council,
<br />he Council may take such action
<br />is it may deem proper upon the
<br />)roposal without further action by
<br />he Planning Commission,
<br />30- )00(.NOTICE AND HEAR-
<br />ING:
<br />(A) Notice. Upon receiving the
<br />recommendation of the Planning
<br />Commission or after forty -five (45)
<br />days from the submission of the
<br />proposal to the Planning Commis-
<br />sion without a recommendation
<br />from the Commission, the Council
<br />may call a public hearing on the
<br />proposal. A notice of the time,
<br />place, and purpose of the hearing
<br />and a description of property to be
<br />included in the wrapped streets and
<br />public grounds shall be published
<br />in the official newspaper at least
<br />ten (10) days prior to the date of the
<br />hearing. At least ten (1 0) days prior
<br />to the hearing the Clerk shall also
<br />mail a copy of the notice to each
<br />owner of land situated within or
<br />abutting any street or other public
<br />ground shown on the official map.
<br />For purposes of this notice the
<br />owners shall be determined by the
<br />records of the County Auditor and
<br />the notice shall be addressed to
<br />the last known address as shown
<br />by the Auditor's records. Failure to
<br />serve any such notice shall not in-
<br />validate the proceedings.
<br />(B) Hearing, At the time and
<br />place specified in the notice, the
<br />Council shall hear evidence and
<br />arguments concerning the propos-
<br />al. The hearing may be continued
<br />from time to time without further
<br />notice. The Council may direct the
<br />Planning Commission to conduct a
<br />hearing and following the hearing
<br />to report its recommendation to the
<br />Council.
<br />30 -XXX. PREPARATION AND
<br />FILING OF MAPS: The official
<br />map or maps shall be prepared in
<br />sufficient detail to permit the es-
<br />tablishment of future acquisition
<br />lines on the ground. In unplatted
<br />areas a minimum of a centerline
<br />survey shall be made prior to the
<br />preparation of the final draft of the
<br />official map. The accuracy of the
<br />future acquisition lines shown on
<br />the official map shall be attested to
<br />by a licensed land surveyor. After
<br />enactment of any ordinance adopt-
<br />ing an official map or amending or
<br />repealing a previous official map
<br />ordinance, a certified copy of the
<br />official map or section to which
<br />the ordinance relates together with
<br />an attached copy of the ordinance
<br />shall be filed with the County Re-
<br />corder.
<br />30- )=.EFFECT: After an of-
<br />ficial map has been adopted and
<br />filed, the issuance of building per-
<br />mits by the City shall be subject
<br />to the provisions of this ordinance.
<br />The City shall deny every applica-
<br />tion for a permit to construct a new
<br />building or structure or expand an
<br />existing building or structure within
<br />any area designated on the official
<br />map for street or other public pur-
<br />poses, or within required setback
<br />from mapped streets. Whenever
<br />any street or highway is widened
<br />or improved or any new street is
<br />opened, or any interest in lands for
<br />other public purposes is acquired
<br />by the City, the City is not required
<br />in such proceedings to pay for any
<br />building or structure placed without
<br />a permit or in violation of condi-
<br />tions of a permit within the limits
<br />of the mapped street or outside
<br />of any building line that may have
<br />been established upon the exist-
<br />ing street or within any area thus
<br />identified for public purposes. The
<br />adoption of an official map does
<br />not give the City any right, title, or
<br />interest in areas identified for public
<br />purposes thereon, but the adoption
<br />of the map does authorize the City
<br />to acquire such interest without
<br />paying compensation for buildings
<br />or structures erected in such areas
<br />without a permit or in violation of
<br />the conditions of a permit,
<br />30- XXX.APPEALS: Whenever a
<br />building permit is denied pursuant
<br />to this ordinance, the Board of Ap-
<br />peals and Adjustments shall, upon
<br />appeal filed with it by the owner of
<br />the land, grant a permit for building
<br />in an area designated on the offi-
<br />cial map for a street or other public
<br />purpose in any case in which the
<br />Board finds, upon the evidence and
<br />the arguments presented to it, (a)
<br />that the entire property of the ap-
<br />pellant of which the area designat-
<br />ed for public purposes forms a part
<br />cannot yield a reasonable return to
<br />the owner unless such a permit is
<br />granted, or (b) that balancing the
<br />interest of the City in preserving the
<br />integrity of the official map and of
<br />the comprehensive City plan and
<br />the interest of the property owner
<br />in the use of his property and in the
<br />benefits of ownership, the grant of
<br />such permit is required by consid-
<br />erations of justice and equity. The
<br />Board of Appeals and Adjustments
<br />shall hold a public hearing upon
<br />the appeal after notice of the hear-
<br />ing has been published in the of-
<br />ficial newspaper once at least ten
<br />(10) days before the hearing. If the
<br />Board authorizes the issuance of
<br />a permit, it shall specify the exact
<br />location, ground area, height, and
<br />other details as to the extent and
<br />character of the building for which
<br />the permit is granted. If the Board
<br />authorizes issuance of a permit, the
<br />Council or other Board or Commis-
<br />sion having jurisdiction shall have
<br />six (6) months from the date of the
<br />decision of the Board to institute
<br />Proceedings to acquire such land
<br />or interest therein, and if no such
<br />proceedings are started within that
<br />time, the City shall issue the permit
<br />if the application otherwise con-
<br />forms to local ordinances.
<br />30 -XXX. ADOPTION OF MAP:
<br />The map entitled "Official Map of
<br />City of Elk River", a copy of which is
<br />attached to Ordinance No. 20 and
<br />incorporated herein by reference, is
<br />hereby adopted and designated as
<br />the Official Map of City of Elk River.
<br />SECTION 2. That this ordinance
<br />shall take effect upon adoption and
<br />be published as provided by law.
<br />Passed and adopted by the City
<br />Council of the City of Elk River this
<br />15th day of December, 2014.
<br />John J. Dietz, Mayor
<br />ATTEST:
<br />Tina Allard, City Clerk
<br />Published in the
<br />Star News
<br />December 20, 2014
<br />326852
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