1982-12AMENDMENT TO CHAPTER III , Bi11 1982-12
PART VI OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter III, Part VI of the Ordinance Code of the City of
Richfield regulating the platting and subdividing of land is hereby
amended in the following respects:
A. Section 3.54, Subdivision 2, is amended by adding thereto
the following new paragraphs:
"(5) 'Common Element Residential Subdivision' means a
subdivision of land into two or more lots which consti-
tute individual dwelling units which are designated for
separate ownership and also contain designated common
areas or facilities which are owned in common•by the
owners of the lots with each having an undivided interest
in -the whole of the common areas or facilities.
(6) "Common Areas and Facilities' may include any of the
following:
(a) The land on which the buildings are located;
(b) The foundations, columns, girders, beams,
supports, main walls, roofs, halls, corridors,
lobbies, stairs, stairways, firs escapes,
entrances, and exits of the buildings;
(c) The basements, yards, gardens, parking areas,
and storage spaces;
(d) The premises for the lodging of janitors or
persons in charge of the property;
(e) Installations of central services such as
power, light, gas, hot and cold water, heat-
ing and refrigeration, air conditioning and
incinerating;
(f) The elevators, tanks, motors, fans, compressors,
ducts, and in general, all apparatus and
installations existing for common use;
(g) All other parts of the property necessary or
convenient to its maintenance and safety, or
normally in common use.
(7) 'Limited Common Areas and Facilities' means those
common areas and facilities reserved for use only by
certain owners to the exclusion of other owners."
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B. Section 3.55A is added thereto to read as follows:
3.55A. COMMON ELEMENT RESIDENTIAL SUBDIVISIONS.
Subdivision 1. Common element residential subdivi-
sions are permitted in the R, MR, MR-l, MR-2, MR-3, PR
or P-MR districts of the City.
Subdivision 2. Additional Submissions. Any appli-
cant requesting a common element_ residential subdiyisi_on___
shall_submit_a subdivision plan showing the following:
(1) The number and location of each living unit
assigning an identifying number to each;
(Z) The dimensions and locations of all existing
structural improvements and roadways;
{3) The intended location and dimensions of all
common areas and facilities to be constructed
labeled either MUST BE BUILT or NEED NOT BE
BUILT;
(4) The extent of any encroachment by or upon the
buildings;
(5) The location and dimensions of all recorded
easements within the subdivision serving or
burdening any portion of the subdivision;
{6) The location and dimensions of any limited
common areas or facilities;
(7) The location and dimensions of the vertical
boundaries of each unit and that unit's
identifying number;
(8) The location and dimensions of the horizontal
unit boundaries with reference to assumed
datum and each unit's identifying number.
The subdivision plan shall become part of the plat and
shall contain a certification by a registered profes-
sional engineer, surveyor, or architect that the sub-
division plan accurately depicts all information
required by this subdivision.
Subdivision 3. Common Element Subdivisions. Special
Regulations. All common element subdivisions as permitted
by this section shall comply with the following require-
ments:
{1) All necessary special use permits and apartment
use permits have been or will be obtained prior
to the filing of the plat.
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(2) The proposed development shall meet all
requirements established as part of the zoning
regulations found in Part IV of of city ordin-
ances for the zoning district which the sub-
division is to be located in.
Subdivision 4. Conditions Governing Approval. In
approving common element subdivisions the city council
shall find that'such approval would not adversely affect
the public health, safety or general welfare and that the
intent and spirit of these regulations would be preserved.
In approving common element subdivisions, the council may
require that conditions including the following be placed
upon the plat, together with conditions which are con-
tained elsewhere in this part:
(1) No owner may remove or alter any intervening
common wail separating two units for the
purpose of joining such units without amend-
ing the plat to permit such joinder;
(2) Except to adjust for settling or lateral move-
ment of structures, the boundaries between
adjoining units may not be relocated without
amending the plat;
(3) Units may not be subdivided without amending
the plat;
(4) Common areas or facilities may not be subdi-
vided without amending the plat;
(5} In the event that any unit is damaged or
.destroyed, it must be rebuilt to the bounda-
ries of that unit as described in the sub-
division plan;
(6} Common areas may not be used for any purpose
other than the purposes described in the sub-
-division plan-and contained in the plat.
Passed by the City Council of the City of,Richfie7ld this 10th day
ATTEST:
of May, 1982.
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John/.Hamilton Mayor
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Syl is K. Bergh City Cr rk
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SUN
~' NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD SUN
8940 Lyndale Avenue South
State of Minnesota
County of Hennepin
Bloomington, Minnesota
(Official Publication)
BILL 1982-12
AMENDMENT TO CHAPTER [[I, PART' VI OF TH$ ORDINANCE CODE
OF THE CITY OF $ICHFIELD
Chapter III, Part IV of the Ordinance Code of the City of Richfield
regulating fhe platting and subdividing of land is hereby amended in the
following respects:
A. Section 3.54, Subdivision 2, is amended by adding thereto the following
new paragraphs:
(5) Common Element Residential Subdivision' means a subdivision of
land into two or more lots which constitute individual dwelling units which
are designated for separate ownership and also contain designated common
areas or facilities which are owned in common by the owners of the lots with
each having an undivided interest in the whole of the common areas or
facilities. '
(6) `Common Areas and Facilities' may includeany of the following:
(a) The land on which Che buildings are located;
(b) The foundations, columns, girders, beams, supports, main walls, roofs,
halls,corridors, lobbies, stairs, stairways, fire escapes, entrances, and
exits of the buildings;
(c) The basements, yards, gardens, parking areas, i;nd storage spaces;
(d) The premises for the lodging of janitors or persons in charge of the
property;.
(e) Installations of central services such as power, light, gas, hot and cold
water, heating and refrigeration, air conditioning and incinerating;
(f) The elevators, tanks, motors, fans, compressors, ducts, and in general,
all apppa~~~Satus and installations existing for common use;
(g) All otkjzr` parts of the property necessary or convenient to its main-
tenance_and safety, or normally m common use.
(7) `Limned. Common Areas and Facilities' means those common areas
and [acilities reserved for use only by certain owners to the exclusion of other
owners." ~~`~
B. Sectiotr3.55A is added thereto to read as follows:
3.55A. COMMON ELEMENT RESIDENTIAL SUBDIVISIONS:
Subdivision 1. Common element residential subdivisions are permitted in
the R, MIi.,~'MR-1, MR-2, MR-8, PR or P-MR districts of the City.
Subdivis~1g"~,~2. Additional Submiseiona. Any applicant requesting a common
element re34ll9ential subdivision shall submit a subdivision plan showing the
followingo•
(1) The hpmber and location of each living unit assigning an identifying
num~tiPr, fo each;
(2) The dimensions andlocations of all existing structural improvements
D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge
of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said
newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its
news columns devoted to news of local interest to the community which it purports to serve and does not
wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement. (4) Said newspaper is' circulated in and near the municipalities which it purports to
serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75%
of its total circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the
County of Hennepin, and it has its known office of issue in the City of Bloomington in said county,
established and open during its regular business hours for the gathering of news, sale of advertisements
and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its
employ and subject to his direction and control during all such regular business hours and devoted
exclusively during such regular business hours and at which said newspaper is printed. (6) Said
newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper
is made available at single or subscription prices to any person, corporation, partnership or other
unincorporated association requesting the newspaper and making the applicable payment. (8) Said
newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of
publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary
of State and signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
He further states on oath that the printed B111 ~.9g2-12
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for~C~successive weeks;
that it was first so published on ~2a. the ~'~ day of ~a'y 19 $2
and was thereafter printed and published on every to and including
the day of , 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
(3) The ^ tstended ~ location and dimensions of all Common areas and
foci 'ies to be constructed labeled either MUST BE BUILT or NEED
NOT, BUILT;
(4) Thee~snt of any encroachment by or upon the buildings;
(5) The•'. o~~ation and dimensions of alt recorded easements within the
sub~fii~ision serving or burdening any portion of the subdivision;
(5) The location and dimensions of any limited common areas or facilities;
(7) The.1o$ation and dimensions of the vertical boundaries at each unit and
that affil's identifying number;
(8) The .location and dimensions of the horizontal unit boundaries with
refererlce to assumed datum and each unit's identifying number.
The sapp~~}fvision plan shall become part of the plat and shall contain a
certificatlYlli'by aregistered professional engineer, surveyor, or architect
that the t~flivision plan accurately depicts all information regmred by this
Subdiv-iffitoh 3. Commou Element Subdivlaiona. Special Regulatlona. All
common'element subdivisions as permitted by this section shall comply with
the following requirements:
(1) Alt necessary special use permits and apartment use rmits have been
or wilt be obtained prior to the filing of the plat.
(2) T}te:propposed development shall meet all requirements established as
pat`to~;the zoning regulations found in Part IV of city ordinances for the
zonillgidistrict which the subdivision is to be located in.
Subdivy§iop 9. Conditlona Governing Approval In approving common
element subdivisions the city council shall find that such approval would not
adversely a#'fect the public health, safety or' general welfare and that the
intent and spirit of these regulations would be preserved. In approving
common .element subdivisions, the `councn may require that conditions
including the following be placed upon the plat, together with conditions
which are tontained elsewhere in this part:
(1) No owner may remove or alter any intervening common wall separat-
in tWO units for the purpose of joining such units without amending to
th~ plat to permit such joinder;
(2) Et. $°1Ro adjust for settling or .lateral movement of structures, the
bov~aries between adjoining units may not be relocated without
a adipg the plat;
(3) ~~ay not be subdivided without amending the plat;
(4y , ommon areas or facilities may not be subdivided without amending
the plat;
(5) In'the event that any unit is damaged or destroyed, it must be rebuilt to
J,hebof}ndaries of that unit as described in the subdivision plan;
(6h`~Cophiion areas may not be.used for any purpose other than the purposes
d in the subdivision plan and contained in the plat.
i~a' ahe City Council of the City of Richfield this jOth day of May, 1992.
JOHN HAMILTON
?~5. ;'~~ Mayor
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Subscribed and sworn to before me this ~- 9 day of ~•~ 19 $ 2
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My commission expires .luiy Z, 19u6
(May 19, 1.982)-RICH