1982-36rLEGAL NOTICE
Bi11 1982-3b
AMENDMENT TO CHAPTER III
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES•ORDAIN:
Chapter III of the Ordinance Code of the City of Richfield
entitled "Building, Health, Zoning and Land Use Regulations is
hereby amended in the following respects:
A. By amending Subdivision 1 of Section 3.29 to read as
follows:
"Subdivision 1. Conformar_ce Required. Except
as hereinafter specified, no land, building, structure
or premises shall hereafter be used and no building or
part thereof or other structure shall be located,
erected, reconstructed, extended, enlarged, or altered
except in conformity with the regulations specified for
the district in which it is located. No building permit
shall be issued to permit any such erection, reconstruc-
tion, extension, enlargement or alteration until the
review described in Section 3.06A has been completed."
B. By adding after Section 3.06, the following new sec-
tion:
3.06A. BUILDING P.ND CONSTRUCTION PERiti1ITS: CONFORMITY
~dITH COMPREHENSIVE PLAN; REDEVELOPMENT PLANS AND URBAN
DESIGN GUIDELINES.
Subdivision 1. Permit Acplication. The building
permit application shall contain the necessary infor-
mation so that it can be determined whether the proposed
construction will be in conformity with the comprehensive
plan and any redevelopment. glans on urban design guide-
lines applicable to the district in which the proposed
construction will be located.
Subdivision 2. Review 3v Building Official. If
the proposed construction lies outside of any redevel-
opment district, is nct subject to urban design
guidelines, and is, in the opinion of the building
official, in conformity with the comprehensive plan of
the city, the requirements of this section shall be
deemed satisfied.
Subdivision 3. Review By City ~~araaer. All appli-
cations involving construction in redevelopment districts
or districts subject to urban design guidelines and all
applications as to which the building official does not
_ make a finding of conformity with the comprehensive plan
shall be processed as follows:
timely received appeal hearing request. The council
may review the report and recommendations of the
Community Development Department, the building permit
application, and the findings of the city manager.
The applicant shall be given an opportunity to appear
and offer evidence to the council. Within 30 days of
the close of the hearing, the council shall make its
findings. Such findings may take one of the following
formsa .
(1) Sustaining the city manager's determination.
(2) Rescinding the city manager`s determination.
(3) Sustaining the city manager's decision but
placing certain conditions or stipulations upon
the construction or upon the use designed to re-
move adverse impacts upon the orderly planning
and redevelopment of the district.
The council`s findings shall be reported to the build-
ing official by the city manager. If the finding is as
described in paragraph (2) of this subdivision, the
requirements of this section shall be deemed satisfied.
If the finding is as described in paragraph (1), no
building permit shall be issued. If the finding is as
described in paragraph (3) of this subdivision, the
requirements of this section shall be deemed satisfied
only if the conditions are met within the time period
set by the council. Otherwise, no permit shall be
issued.
Passed by the City Council of the City of Richfield,
Minnesota, this 8th day of November 1982.
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Bohn Hams.%l ton', A~ayor
ATTEST° ~
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Sy a ergh, City lark'
SUN
NEwSP~iPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD SUN
8940 Lyndale Avenue South
Bloomington, Minnesota
State of Minnesota
County of Hennepin
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 B 111 198 2 - 3 6
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 successive weeks
that it was first so published on Wed the ~', day of NOVember 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:
(Official Publication)
BILL 1982-38
AMENDMENT TO CHAPTER III OF THE ORDINANCECODE OF THE
CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter III of the Ordinance Code of the City of Richfield entitled
"Building, Health, Zoning and Land Use Regulations is hereby amended in
the following respects:
A. By amen~ing,Subdivision 1 of Section 3.29 to read as follows:
°Subdivisioo-.I':'Conformance Required. Except as hereinafter specified, no
land, building, s6iu+cture or premises shall hereafter be used and no building
or part thereof or other structure shall be located, erected, reconstructed,
extended, enlarged, or altered except in conformity with the regulations
specified for the district in which it is located. No building permit shall be
issued to permit any such erection, reconstruction, extension, enlargement or
alteration until tbG review described in Section 3.OBA has been completed."
B. Adding after Section 3.06, the following new section;
3.OBA. BUILDING AND CONSTRUCTION PERMITS: CONFORMITY
WITH COMPREHENSIVE PLAN; REDEVELOPMENT PLANS AND UR-
BAN DESIGN GUIDELINES.
Subdivision~l. Permit Application. The building permit application shall
contain the necessary information so that it can be determined whether the
proposed construction will be in conformity with the comprehensive plan and
any redevelopment plans on urban design guidelines applicable to the district
in which the proposed construction will be located.
Subdivision 2. Review By Building Official. If the proposed construction lies
outside of any redevelopment district, is not subject to urban design
guidelines, and is, in the opinion df the building official, in conformity with the
comprehensive. plan of the city, the requirements of this section shall be
deemed satisfied.
Subdivision 3. Review By City Manager. All applications involving con-
truction in redevelopment districts or districts subject to urban design
guidelines and all applications as to which the building official does not make
a finding of conformity with the comprehensive. plan shall be processed as
follows:
(I) The application shall be referred to [he Community Development
Department For its review. The review shall be based upon the material
submitted in the application together with any other information which the
department believes will assist in the review.
(2) Upon the completion of its review, the Community Development
Department shall make a written report of its review to the city manager.
The. report may contain, and shall contain, if requested by the manager, a
recommended finding.
(3) Upon receipt o~the written report and not later than 30 daysfollowing
the date the matter was referred to the Community Development Depart-
ment the city managger shall make his findings concerning the proposed
construction. The findings shall contain one of the following conclusions:
(a) .The proposed construction is in conformity with the com-
prehensive plan and any applicable redevelopment plans or urban
design guidelines.
(b) The proposed construction is not in conformity with the
comprehensive plan or any applicable redevelopment plans or urban
design guidelines.
(c) The proposed construction is not in conformity with the
comprehensive plan or any applicable redevelopment plans or urban
design guidelines but such non-conformity will not be likely to
jeopardize or adversely affect the orderly planning and development
process for the district in which the construction would be located.
(4) If the city manager makes the finding described in paragraphs (3) (a) or
(c) of this section, 'he shall report that fact to the building official and the
requirements of this section shall be deemed satisfied. If the city manager
makes the finding described in paragraph (3)(b) of this section, he shall
notify the applicant of such determination. The notification shall also inform
the applicant of applicant's right to appeal the city manager's decision to the
city council and that the applicant has 10 days from the date of notification to
deliver a written request for an appeal hearing to the city clerk. If no appeal
hearing request is ttiade within the time period, the manager's determination
shall be final. The building official shall be notified and no building permit
shall be issued.
Subdivision 4. Appeal to Council. The appeal shall be heard at the first
regular council meeting which is at least 14 days following the date of a timely
received appeal hearing request. The council may review the report and
recommendations bt the Community Development Department, the building
permit application, and the findings of the city manager. The applicant shall
be given an opportunity to appear and offer evidence to [he council. Within 30
days of the close ofglhe hearing, the council shall make its findings. Such
findings may take gne of the following.forms:
(1) Sustaining'the city manager's determination.
(2) Rescinding the city manager'sdetermination.
(3) Sustaining the city manager's decision but placing certain
conditions or stipulations upon the construction or upon the use
designed to remove adverse impacts upon the orderly planning and
The council's findings shall be reported to the building official by the city
manager. If the finding is as described in paragraph (2) of this subdivision,
the requirementsq~ ~qt&ysection shall be deemed sa~isfied. I.'the finding is as
described in p~~gfafSti~U2, no building permit shall be issued. If the findin
is as described in par,A&#aph (3) of this subdivision, the requirements of th
section shall be de tisfied only if the conditions are met within t
time period set by t. _ cll. Otherwise, no permit shall be issued.
i aased by the City.> x it of the City of Richfield, Minnesota, this 8th
of November,1982. ~ - ;N
JOHN HAMI
ATTEST:
SYLVIA K. BERGH
City Clerk
(Nov. 17, 1982)-RICH
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C~" ~„
and sworn to before me this ~-7 day of November, 19~-
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