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AFFIDAVIT OF PUBLICATION
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE
<br />Elise Strecker being duly sworn on an oath,
<br />states or affirms that he/she is the Publisher's
<br />Designated Agent of the newspaper(s) known
<br />as:
<br />Star News
<br />with the known office of issue being located
<br />in the county of:
<br />SHERBURNE
<br />with additional circulation in the counties of:
<br />WRIGHT
<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.
<br />(B) This Public Notice was printed and pub-
<br />lished in said newspaper(s) once each
<br />week, for 1 successive week(s); the first
<br />insertion being on 05/25/2019 and the last
<br />insertion being on 05/25/2019.
<br />MORTGAGE FORECLOSURE NOTICES
<br />Pursuant to Minnesota Stat. §580.033
<br />relating to the publication of mortgage
<br />foreclosure notices: The newspaper complies
<br />with the conditions described in §580.033,
<br />subd. 1, clause (1) or (2). If the newspaper's
<br />known office of issue is located in a county
<br />adjoining the county where the mortgaged
<br />premises or some part of the mortgaged
<br />premises described in the notice are located,
<br />a substant!*aj portion of the newspaper's
<br />circ n is t the latter county.
<br />s
<br />1 -
<br />By
<br />Designated Agent
<br />Subscribed and sworn to or affirmed before
<br />me on 05/25/2019 by Elise Strecker.
<br />Notary Public
<br />DARLENE MARIE MACHERSON
<br />= Notary Public
<br />. _f Minnesota
<br />My Commis m Expires January 31, 2024
<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 941005
<br />CITY OF ELK RIVER
<br />ORDINANCE 19 -11
<br />AN ORDINANCE AMENDING
<br />CHAPTER, 30-801, HOME
<br />OCCUPATIONS OF THE
<br />CITY OF ELK RIVER,
<br />MINNESOTA, CITY CODE
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. That § 30-801,
<br />Home occupations of the City of
<br />Elk River Code of Ordinances shall
<br />be amended to read as follows:
<br />(a) Purpose. The purpose of
<br />this section is to provide a means,
<br />through the establishment of spe-
<br />cific standards and procedures,
<br />by which home occupations can
<br />be conducted in residential neigh-
<br />borhoods, within a dwelling unit,
<br />without jeopardizing the residen-
<br />tial character or health, safety and
<br />general welfare of the surrounding
<br />neighborhood. In addition, this sec-
<br />tion is intended to provide a mech-
<br />anism enabling a distinction be-
<br />tween permitted home occupations
<br />and conditional home occupations,
<br />so that permitted home occupa-
<br />tions may be allowed through an
<br />administrative process rather than
<br />a quasi-judicial hearing process.
<br />(b) Prohibited activities. No
<br />home occupations (permitted or
<br />conditional) shall:
<br />(1) Constitute a fire hazard to
<br />neighboring residences, adversely
<br />affect neighboring property values,
<br />or constitute a nuisance or other-
<br />wise be detrimental to the neigh-
<br />bors because of excessive traffic,
<br />noise, glare, odor, electrical inter-
<br />ference, vibration, dust and other
<br />nuisance or safety hazards.
<br />(2) Adversely affect governmen-
<br />tal facilities and services, includ-.
<br />ing roads, sanitary sewers, water,
<br />storm drainage, garbage service,
<br />police service and fire service.
<br />(3) Adversely affect sensitive
<br />environmental features, including
<br />lakes, surface water and under-
<br />ground
<br />nderground water supply and quality,
<br />wetlands, slopes, floodplains and
<br />soils, or other factors as found rele-
<br />vant by the city.
<br />(4) Involve the use of hazardous
<br />materials or activities.
<br />(5) Involve any of the following:
<br />body shops, machine shops, am-
<br />munition manufacturing, flea mar-
<br />kets, motor vehicle repairs within
<br />the Urban Service District, motor
<br />vehicle sales, escort businesses,
<br />sexually oriented land uses, gun
<br />repair and/or sales, or other objec-
<br />tionable uses as determined by the
<br />city council.
<br />(c) Permitted home occupations.
<br />Permitted home occupations (Oc-
<br />cupation) shall be allowed subject
<br />to the conditions of this section,
<br />other applicable city ordinances
<br />and state law. If the city denies es-
<br />tablishment of an Occupation to a
<br />resident, the resident may appeal
<br />the decision pursuant to the pro-
<br />visions of subdivision II of division
<br />2 of this article. Permitted Occu-
<br />pations are subject to the following
<br />criteria:
<br />(1) The Occupation may only be
<br />conducted by an individual who re-
<br />sides on the property and uses the
<br />residence as a primary address for
<br />legal purposes.
<br />(2) The Occupation shall be car-
<br />ried on entirely within the dwelling
<br />unit.
<br />(3) There shall be no exterior ev-
<br />idence of the Occupation such as
<br />displays or exterior storage of busi-
<br />ness equipment, materials, mer-
<br />chandise, inventory, and/or heavy
<br />equipment.
<br />(4) No noise, lights, odors, dust,
<br />gas, heat, vibration, glare, or other
<br />physical manifestations resulting
<br />from the Occupation shall be evi-
<br />dent beyond the boundaries of the
<br />property on which the Occupation
<br />is being conducted.
<br />(5) The Occupation shall not
<br />require internal or external con-
<br />struction features not customarily
<br />found in single-family residential
<br />dwellings.
<br />(6) A maximum of one (1) full-
<br />time employee, or equivalent, other
<br />than those persons who customar-
<br />ily reside on the premises shall be
<br />employed.
<br />(7) Occupations involving teach-
<br />ing shall not exceed two pupils at
<br />a time.
<br />(8) Signage shall not exceed four
<br />(4) square feet in area and shall be
<br />mounted flat on the outside wall of
<br />the dwelling unit or attached ac-
<br />cessory structure.
<br />(9) Occupations shall not be
<br />serviced by delivery vehicles larger
<br />than 26,000 pounds gross vehicle
<br />weight.
<br />(10) No Occupation shall have
<br />outside employee and/or custom-
<br />ers between the hours of 9:00 p.m.
<br />and 7:00 a.m.
<br />(11) Occupations shall not cre-
<br />ate a parking demand in excess of
<br />that which can be accommodated
<br />in an existing driveway, where no
<br />vehicle is parked closer than 15
<br />feet to the curbline or edge of the
<br />paved surface nor is parked within
<br />any right-of-way.
<br />(12) The operation of any whole-
<br />sale or retail business, unless it
<br />is conducted entirely by courier,
<br />email, or mail, and/or does not in-
<br />volve the sale, shipment, or deliv-
<br />ery of merchandise to or from the
<br />premises, is prohibited. On-site
<br />sales shall be limited to those clear-
<br />ly incidental to services provided in
<br />the dwelling.
<br />(13) Permitted home occupa-
<br />tions may not involve repair of in-
<br />ternal combustion engines or use
<br />of equipment which is not normally
<br />found in a home, except that equip-
<br />ment which is typically in an office
<br />may be used.
<br />(d) Conditional home occupa-
<br />tions. Home occupations that do
<br />not involve prohibited activities but
<br />that exceed the permitted home
<br />occupation criteria may be allowed
<br />with approval of a conditional use
<br />permit by the city council pursuant
<br />to the provisions of subdivision II of
<br />division 2 of this article.
<br />(e) Inspections. The city may at
<br />any reasonable time inspect the
<br />home occupation to determine
<br />if the applicant is strictly adher-
<br />ing to the criteria for a permitted
<br />home occupation or the conditions
<br />placed on a conditional home oc-
<br />cupation.
<br />(f) Revocation or expiration of
<br />a conditional use permit for home
<br />occupations.
<br />(1) Expirations of conditional
<br />home occupations shall be as set
<br />forth in Section 30-656.
<br />(2) Revocation of conditional use
<br />permits for home occupations shall
<br />be as set forth in Section 30-659.
<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 />20th day of May, 2019.
<br />John J. Dietz, Mayor
<br />ATTEST: Tina Allard, City Clerk
<br />Published in the
<br />Star News
<br />May 25, 2019
<br />941005
<br />
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