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2011-28 BILL NO. 2011-28 AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 537.13, SUBDIVISION 2 RELATED TO EXPANSION OF DIMENSIONAL OR BULK NONCONFORMITIES IN THE MIXED USE DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 537.13, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Expansion of Dimensional or Bulk Nonconformities. Legally nonconforming buildings existing prior to February 19, 2006 that do not meet dimensional or bulk standards of the Mixed Use Zoning District may be expanded through review and approval of a .site plan Subsection 547.13conditional use permit — Subsection 547.09. Expansion or modification of a legally nonconforming building shall: a) Not increase the overall, site-wide degree of nonconformity; b) Result in the building and property being in gr ater conformance with the goals and policies of the Comprehensive Plan; and Demonstrate that zoning and Comprehensive Plan requirements are met to the greatest degree practical. These requirements include, but are not limited to: parking, landscaping, architectural design and facade treatment, and site design; c) Off-set departures from zoning and Comprehensive Plan requirements through superior design and/or additional community/site amenities; ed) Not significantly impede implementation of goals and policies of the Comprehensive Plani e) Not have undue adverse impacts on neighboring residential properties; f) Not have undue adverse impacts on governmental facilities, utilities, services or existing or proposed improvements; and q) Not have undue adverse impacts on the public health, safety or welfare. Sec. 2 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 13th day of December, 2011. 0 Or De.bie Goettel, ayor ATTEST: Nancy Gibbs, ity Clerk wwrw.MinnLocai.com City of Richfield (Official Publication) le BILL NO.2011-28 AMENDMENTTO RICHFIELD CITY r CODE SUBSECTION 537.13,SUBDIVISION 2 � t RELATED TO EXPANSION OF — ""."."..""."."' M E D t A NONCONFORMIT ES IN THE MIXED USE DISTRICTS AFFIDAVIT OF PUBLICATION THE CITY OF RICHFIELD DOES OR- DAIN: STATE OF MINNESOTA ) Section 1 Subsection 537.13,Subdi- )SS. vision 2 of the Richfield City Code is COUNTY OF HENNEPIN ) amended to read as follows: Subd.2. Expansion of Dimensional or Richard Hendrickson, being duly sworn on Bulk Nonconformities. Legally noncon- forming buildings existing prior to Febru- an oath,states or affirms that he is the Chief ary 19, 2006 that do not meet dimen- Financial Officer of the newspaper(s)known sional or bulk standards of the Mixed Use as Zoning District may be expanded Richfield Sun-Current through review and appconditional use permit—Subsection 547.09. Expansion or modification of a legally nonconform- ing building shall: and has full knowledge of the facts stated a)Not increase the overall,site-wide de- below: gree of nonconformity; (A)The newspaper has complied with all of b). the requirements constituting qualifica- tion as a qualified newspaper as provid- a Demonstrate that zoning and ed by Minn. Stat. §331A.02, §331A.07, momprehensive Plan requirements are y § § met to the greatest degree practical. and other applicable laws as amended. These requirements include,but are not B The t i rned public that is attached _.limited to: pacg,archi- p p tectural design arking,n ad l facndsade apin treatment, was published in said newspaper(s) and site design; once each week,for one successive c) Off-set departures from zoning and Week S ; it was first published on Thurs- day, Comprehensive Plan requirements ( ) p through superior design and/or addition- day,the 22 day of December al community/site amenities; 2011, and was thereafter printed and eII) Not significantly impede implemen- published on every Thursday to and in- tation of goals and policies of the Com- cluding Thursday, the _ day of prehensive Plan; ,2011;and printed e) Not have undue adverse impacts on p neighboring residential properties; below is a copy of the lower case alpha- t) Not have undue adverse impacts on bet from A to Z, both inclusive, which is governmental facilities,utilities,services hereby acknowledged as being the size andxisting or proposed improvements; and kind of type used in the composition q) Not have undue adverse impacts on and publication of the notice: the public health,safety or welfare. _fghijkfmnopgrstu yz Sec.2 This Ordinance is effective in accordance with Section 3.09 of the /// Richfield City Charter. / Passed by the City Council of the City of Richfield,Minnesota this 13th day of De- camber,2011. I BY: 4, .....0( / "i Debbie Goettel,Mayor ATTEST: CFO Nancy Gibbs,City Clerk (Dec.22,2011)D2-Bi112 0 1 1-2 8 Subscribed and sworn to or affirmed before me on this- 22 day of December ,2011. £ T. 7 zieetii. Notary Public J r3 p.r! 1 ' 1 J \ ;.:' y(,,,1111,1 r pI•t";,) ,