The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 4224 Second Reading of F11 - TextAmendR2015-007TA.DevelopApprovals ORDINANCE NO. ____ AN ORDINANCE CREATING AND ENACTING SECTION 60.148, AND AMENDING AND REENACTING SECTION 60.142 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE IMPOSITION AND ENFORCEMENT OF CONDITIONS OF APPROVAL UPON DEVELOPMENT APPROVALS, PERMITS, AND CERTIFICATES. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 60.148 of the Rochester Code of Ordinances is hereby created and enacted so as to read as follows: 60.148. Subdivision 1. In considering an application for a zoning certificate, development permit, or other form of land use approval, the zoning administrator or the approving legislative body may impose such conditions upon the approval of that application as the issuing authority deems necessary to ensure compliance with the applicable review criteria or standards. The zoning administrator or the approving legislative body may revoke an approved zoning certificate, development permit, or other land use approval upon the failure to comply with all applicable conditions of approval. The revocation shall occur consistent with the notice of violation provisions of sections 60.130 – 60.136. It shall not be necessary for the City to initiate criminal action or seek revocation of any permit prior to seeking injunctive relief from the District Court. Subd. 2. This section is inapplicable to an application for a land use amendment or a zoning district amendment. Section 2. Section 60.142 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: Compliance Required. 60.142. It shall be the responsibility of all property owners, architects, contractors, subcontractors, builders and other persons involved in any development, before beginning any development activity, to contact the zoning administrator to determine what approvals will be required, to obtain any necessary permits or certificates, and to comply with any conditions of approval imposed upon those permits or certificates. Individuals or firms doing or performing any work on behalf of the property owner are subject to any and all charges and sanctions applicable to doing work in violation of the provisions of this ordinance. This 1 includes performing work prior to the issuance of the necessary permits or certificates, and for performing such work in violation of the conditions set forth in the permit or certificate. Section 3. This ordinance shall become effective as of the date of its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ________ DAY OF _______________, 2015. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _______ DAY OF _________________, 2015. ___________________________________ MAYOR (Seal of the City of Rochester, Minnesota) Ord15/60.148 2 OROiNANCE NO.4224 AN ORDINANCE CRE ATING AND ENACTING Isl Handy Slaver SECTION 60.148, AND PRESIDENT OF SAID AMENDING AND REEK- COMMON COUNCIL ACTING THEECTION ROCHESTER S1 42 ATTEST: S.Reeves CODE OF ORDINANC- CITY CLERK I IM RELATING TO THE AFFIDAVIT OF PUBLICATION APPROVEDDecambor,20 aIh DAY IMPOSITION AND EN-I OF December,201ii. I=ORCEMENT OF CON- + ISI Ardell F,erode DITIONS OF APPROVAL MAYOR UPON DEVELOPMENT State of Minnesota Count of Olmsted (Seal of the City of Roches APPROVALS, PERMITS, r Y ler,Minnesota)(12116) AND CERTIFICATES, OF THE CITY of ROCH I Sue Lovejoy, being duly sworn, on oath that she is the publisher or authorized ESTER T1. SeCtonf 60,148 agent and employee of the publisher of the newspaper known as the Post- of lite Rochester code of Bulletin, and has full knowledge of the facts which are stated below: Ordinances Is hereby cre- ated and enacted so as to E read as follows: 60.148. Subdivision 1. In (A) The newspaper has complied with all the requirements constituting . consrdakg an applloa- ' qualifications as a legal newspaper, as provided by Minnesota Statute lion for a zoning certifi- cate, development permit, 331A.02, 331A.07 and other applicable laws, as amended. or other form of land use gproval, the zoning ad- nistrator or the approv (B) The printed notice Ing legislative body may impose such conditions upon the approval of that Which is attached was cut from the columns of said newspaper, and was appifcation as the issuing aulI "'y deems nates- printed and published 1 time(s); It was printed and published on the following sary to ensure compliance with lha applicable revfew dates: criteda or standards. The PB 12/16/2015 zoning administrator or the approving legislative body iPB 12/1612015 may revoke an approved zoning certfficale, dove) opment permit, or other land Use approval upon Printed below is a copy of the lower case alphabet from a to z, both inclusive, the laifure to comply with all applicable conditions of which is Hereby acknowledged as being the size and kind of type used in the apprshall val.occur The consistent revocation composition and publication of the notice: shall occur canslstenl witi3 p the notice of vialallon pro- visions of sections 60.1301 atxdafgh —60.136: It shall not b8 rtcimnopgrsluwrnyz necessary for the city Io{ POST-t LETT 0OMPAN Y L.L.C. initiate criminal action ori �,r, �- seek revocation of any per- �, RQNNIE gCAN HANSOM By. mll prior to seeking fniunc-j - " tive relief from the District'! l Notary Public Minnesota Court. My Commiss!on Expiras Jan W.2017 Subd.2,This section Is In TITLE: Media inside Sales Manager applicable to an appifcalion I fora land use amendment Subscribed and sworn t' me on or a�onlnp distrlcl amend• mant.,. This I ? day of 0t c 213 1� Sectlon'2, Section 60.142 of the Rochester Coda of Ordf6ances Is hereby amended and reenacted to read as follows: Notary Public 60.142, Compliance Re. RATE INFORMATIONquired. tl shall be the (a- spansibllfiy of all pprop erty owners, archiiecls, 1) Lovlest classified rate paid by commercial user $21.95 contractors, subcontrac• Farcom arable space tars, builders and other p P e (per inch/per day/display rate) persons Involved in any development, before be- ginning any development i 2) Publication Fee $246,23 activity,to contact the zon- Ing adrninislrator to deier- m no what approvals will be requlrod, to obtain any Ad 0156300:ORDINANCE NO.4224 AN ORDINANCE CREA necessary pormlls or car- lilicares, and to comply with any condltions of ap- i pro at Imposed upon those 9permits or certificates. In. lviduals or firms doing or Crform ppeing any work on be- f of the property own- er are subject to any and all charges and sanctions applicable to doing work in vlelation of the provisions of this ordinance. This In- ctudesperforming work Prior to the Issuance of the necessary permits or cer. tiflcales, and for perform-, Ing such work In vlolallon of the conditions set forth In the pormlt or codiilcate. Section 9. This ordinance shell become elfectivo as of the date of Its publica- Ilon. PASSED AND ADOPT- ED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, 'MIN- NESOTA, THIS 7Ih DAY AFFIDAVIT OF PUBLICATION State of Minnesota, County of Olmsted Sue Lovejoy, being duly sworn, on oath that she is the publisher or authorized agent and employee of the publisher of the newspaper known as the Post- Bulletin, and has full knowledge of the facts which are stated below: (A) The newspaper has compiled with all the requirements constituting qualifications as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed notice Which is attached was cut from the columns of said newspaper, and was printed and published 1 time(s); it was printed and published on the following dates: PB 12/1612015 IPB 12/16/2015 Printed below Is a copy of the lower case alphabet from a to z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ahcds f gh Ijj I mn opq rs I UVY&yz PO T2!' IiLETlixl.. MPAN -L.L.C. TITLE: Media Inside Sales Manager Subscribed and sw rn to me on This r �• ,� 2a i 5 �' RONNI�DEAN NANSON y t Notary Public.Minnesota � �. }�yS;�missiorExplresJanS1,2017 Notary Public ' RATE INFORMATION 1) Lowest classified rate paid by commercial user $21.95 For comparable space (per tnch/per day/display rate) 2) Publication Fee $1,951.43 Ad 4156315:onoiNANCE 4222 3s oeen Instituted at TIAL DWELLING OF LESS TRANSACTION AGENTS HEARING ON PET TION FOR yea' "'" — "'a 1. 11P, or a zon€n district amend- o4V NaCKaOe ,rwise to recover the THAN 5 UNITS, ARE NOT MORTGAGE IDENTIFICA- FORMAL ADJUDI ATION OF Ilan Of the Partial terms, marl. g Kraus Andersot ed by said mortgage, PROPERTY USED FOR AG• TION NUMBER:Nona 1HTESTA Y DETERMINATION the seals will Start Over as Section 2. Section 60.142 StruClfon Com a hereoF; RICULTURAL PRODUCTION, THAT no action or proceeding OF ripSHIIP ANO three year terms. p IT, to the power of AND ARE ABANDONED. has been Instituted at law la re- APPOINT, HT You ma file b contaclin of the Rochester Code frig on behalf of 11 }fined In Bald mort• g the Town Cleric of Cas- of Ordinances Is hereby of Trustees of 1 above described Dated:November 2q York M cover they such then igage, OF PERSONAL g Y The Bank of New York Mellon secured b such mod a e,or REPRESENTATIVE PHO amended and reenacted to nesota State Co vin be sold by the FKA The Bank of New York,as any part thereof,or,it the action NOTICE TO CREDITORS cade Township Hall, 2025 read as follows: Universities, on I said county as fol- Trustee for the Cartificalehold- or proceeding has beeninstitut- STATE OF MINNESOTA,COUNTY 75TH St. NE Rochester, 60142, Compflance Re. the Rochester C ars of the CWMBS, Inc.,CHL ed,that the same has been d s- OF OLMSTED,DISTRICT COURT, MN 55306, or by check qulred. IE shall be the re- ty and Technical 1.D TIME OF SALE: Modgagge Pass•Through Trust continued,or that an execution PROBATE DIVISION,THIRD ing the Township website 2016,10:OOam 2005.HYB2, Mortgage Pass- upon the judgment rendered JUDICIAL DISTRICT at www.Caseadetownsht eponsi0wnersbifty � architall ects, €proposals guail F SALE: Sheriffs Through Certificates, Series thereln has been returned un- Estate of Robert H,Johnson, €ss.Filing can also be dor e P P from 101 4th Street SE, 2005.HYB2 Sat�fied,in whoFe or in part. Decedent. contractors, subcontrac- qualified firms Poi PAN 659Nsecured Ass[ggnee of Mortgagee PURSUANT, to the power of Court Fila No. 55•PR-15-811& in Person at the Cascade tors, builders and other Olta a whin of deb[secured by said SHAPIRO S ZIELKE,LLP sale contained in said mod- It is Ordered and Not co Is giv- Town Hall from I-D0 PM to persons Involved in any buildings at the F and taxes,if any,on BY gage, the above described en that on Janus 27,2016,at 5:00 PM on Tuesday,Jan- ises and the costs Lawrence P.Ziefke_152559 property will be sold by the 9:00 AM,a hearing will be held Uary 12th,2016. development,develobeforepment entbe- Afull al Stadium. ginning any development G full Request to w Diane F.Mach•273788 Sheriff of said county as to]- In this Court, Olmsted County Filing fee is$2.00.EIBCliOn activity,to Contact lfle zOn- Cat[On5 will be ave Melissa L.B.Poster-0337778 lows: Courthouse, Olmsted County is March 8th 2016. r Randolph W.Dowdy.216OX DATE AND TIME OF SALE: Government Center, 151 -4th Steve Wilson €ng administrator to deter- December 4, 201 Gary J.Evers-0134754 February 5,2016 at 10:00 AM Street SE, Rochester, Minne- mine what approvals will offices of Kraus-) de r Tracy J.HalEEday-034610X PLACE OF SALE: Otmsied sola,far the adjudication of in• Cascade Township Clerk be required, to obtain any Construction COR Attorneys for Mortgagee County Sheriirs Offce, 101 testa and determinator of (12/15.12116) cY necessary permits or car- at the following i 12550 West Frontage Road, Fourth Street Southeast, heirship of the Decedent, and ORDINANCE ND.4224 tiiicales, and to comply L1tlp//www.fran Ste.200 ester,Wnnosola for the appointment of:Rebec• With an conditions of a Corn/,oilek On" t Bumsvilfe,MN 55337 to pay the debt then secured ca Johnson,whose address Is AN ORDINANCE CRE- y p' P (952)831.4060 by sald moriga a and taxes,it 3717-ist Street NW,Roches. ATING AND ENACTING Proval imposed upon those rooms"Or at www. THIS IS A COMMUNICATION any actually d by the mad• ler,Minnesota 55901 as per- SECTION 60.198, AND permits or certificates. In- Cam,click on"plar FROM A DEBT COLLECTOR gogee, on a premises and sonar representative of the AMENDING AND BEEN- dividuals or firms doing or Project questions (11125. 1212, 1219, 12116, the costs and disbursements Estate of the Decedent in an ACTING NG AND REEK- Parlornling any work on be- referred to the 12)23.12130) allowed by law. The time al- unsupervised administration. half of the property Own- ate a€Sari lister NOTICE OF MORTGAGE lowed by law for redemption by Any objections to the petition OF THE ROCHESTER er are subject to an and Request for t said mortgagor(s),their person- muss be(red with the Court pd- CODE OF ORDINANC• 1 y q FORECLOSURE SALE al representatives or assigns or too(raised at the hearing.if ES, RELATING TO THE all Charges and sanctions tions. Qualificalic AE.ENDAR THE RIGHT TO VERIRCA- is twelve(12)months from the proper and iT no objections are IMPOSITION AND EIV- applicable to doing work In interested firms TION OF THE DEBT AND date of sale. Filed or raised,iha personal rerr FORCEMENT OF CON- viofation of the provisions delivered to Jol IDENTITY OF THE ORIG#NAL TIME AND DATE TO VACATE resenlative will be appolnted FORC S N APPROVAL of this ordinance. This in- lash, Project f ulfetin Will run CREDITOR WITHIN THE TIME PROPERTY:Unless said mort- with full power to administer e safes. Every PROV#DED BY LAW IS NOT gage is reinstated or the prop` the Estate Incfudtng the power UPON DEVELOPMENT dudes performing work Kraus-AnderSon( calendar daily, AFFECTED BY THIS ACTION. erty redeemed, or unless the to collect all assets,to pay all APPROVALS, PERMITS, prior to the Issuance of the tion Company, 4- t,the calendar NOTICE IS HEREBY GIVEN: time for redemption is reduced legal debts,claims, taxes and AND CERTIFICATES. necessary permits Or Car- Broadway, Roche istin S Will be That default has occurred In the by judicial order,you must va- expenses,to sell real and per- THE COMMON COUNCIL tificates, and for perfo€m• 55904, not later t Bis is auction conditions of the following de- cafe the premises by 11:59p.m. sonal property, and to do ail OF THE CITY OF ROCH- Ing such work in violation PM, December 2 P Y scribed mod a e: on February 6,2017. necessary acts for the Estate. ESTER DO ORDAfN: of the Conditions set forth Late responses w have been or MORTGno" S): V. Jean `SHE TIME ALLOWED BY Notice is also given that(sub` In the permit or Certificate. considered. h(and greater) Fischer AKA Valeria Jean LAW FOR REDEMPTION BY jecl fo Minn. Stat. 9 524.3- Section 1. Section 60.148 Section 3. This ordinance Kraus-Anderson tion calendar. Fischer,a single person THE MORTGAGOR, THE 801)all creditors havin Balms Of the Rochester Code Of tie, the seller, MORTGAGEE: Wails Fargo MORTGAGOR'S PERSONAL against Lha Eslale are required Ordinances is hereby ore shall become effective as tion Company an, Home Mortgage, Inc., a Cal€• REPRESENTATIVES OR AS- to present the claims to the per• aced and anacied SO as to Of the date of its pubfica- sots State COIEe Tomla Corporation Wa Wells SIGNS, MAY BE REDUCED conal representative or to the tion. Universities are Fargo Bank,N.A.successor by TO FIVE WEEKS IF A JUDI- Court within four months after read as follows: PASSED AND ADOPT gated to corn late Wr IV merger to Wells Fargo Home CIAL ORDER IS ENTERED the date of this notice or the 60.148. Subdivision 1. In ED BY THE COMMON posed o comRanc Modgam Inc. UNDER MINNESOTA STAT- claims will be barred. Considering an applica COUNCIL OF THE CITY the ri ht to carica ASSIGNMENTS OF MORT- UTES,SECTION 582,032,DF- BY THE COURT tion for a zoning certifi- g GAGE:Assigned to:None. TERMINING,AMONG OTHER Daled:November 24,2015 Cate, development permit, OF ROCHESTER, MIN• licitation if it is cc quo Auction.Jay ORIGINAL PRINCIPAL THINGS, THAT THE MORT- (COURT SEAL) or other form of )and use NESOTA, THIS 7th DAY to be in its best 'rnc y, Stillwater, AMOUNT OF MORTGAGE: GAGED PREMISES ARE IM- /s/KevinLund. approval, the zoning ad OF December,2015. (12/8, 12/9, 1211( 5168,667.00 PROVED WITH A RESIDEN• Jud a of District Court minislratOr or the 12/12, 12113, 1211 DATE OF MORTGAGE: Na TIAL DWELLING OF LESS so Ch os Pprov- 12/16,12117, 12/1 vember15,2002 THAN FIVE UNITS,ARE NOT Court Administrator Ing legislative body may 12120,12!21,1212 DATE AND PLACE OF FILING: PROPERTY USED IN AGRI• /s/Darla Bustan. impose such conditions ORDINANCE NO. 4222 1 FICIAL STREET MAP NUMBER 19 CONCERNING THE PROPOSED RIGHTS OF WAY FOR THE NVTDENING OF SECOND STREET S.1Y,WEST OF 14TH AVENUE S 1V-,SOUTH OF SECOND STREET S.W.,BETWEEN THE HOLIDAY STATION AND KENTUCKY FRIED CHICKEN RESTAURANT;A PLANNED THIRD STREET S.W„; LY 210 FEET SOUTH AND PARALLEL TO SECOND S.W.,AND A PLANNED ALLEY BETWEEN THE EXISTING ALLEY IN THE BLOCK BETWEEN 14TH AND 15' ROCHESTER,MINNESOTA. HE CITY OF ROCHESTER DO ORDAIN: % noticed and held,Official Street Map No.19 is hereby adopted by incorporating Attachment"A",which is attached hereto. orale effective following its publication. HE COMMON COUNCIL. OF THE CITY OF ROCHESTER, MINNESOTA, THIS 7TH DAY OF December,2015, COUNC[L December,2015. inesota)(12/16) CITY OF ROCHESTER OFFICIAL MAP NO. 19 AREA SOUTH OF 2ND STREET SW BETWEEN 14TH AND 16TH AVENUES SW i - - :n rnr t5 LOT :3 k07 3 LOLOT 20 _ � 1 y k.r��rn s � g a o1,;,". .`l.REE;�`•„ -----------`m-_T... ------`..-------------------------- _--._.------------- 39 sc� '6 ———------------------ cr) 01 U) 7 2 LU �D ui U:) rn C) 0 LL LL Lu 0 LU 0 f. LU Lu 3r�:aw' tug. 0 n u 0 ti 0 LL LLQ + U z u 0 u 0 IM 0 1 pi I I d 0 cn LrI >" N C4 (-d o .tai