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11.03 - Sept 7, 2010 City Council Minutes
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11.03 - Sept 7, 2010 City Council Minutes
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- In reviewing a CUP submission, is the intent that the use with conditions must be compatible with the existing <br />neighborhood? <br />- In reviewing a CUP submission, does the Land Use Matrix's "designation" of "C" guarantee the use, regardless of <br />conditions or restrictions? <br />- In reviewing a CUP Submission, should it be considered that the use should not be injurious to the use and <br />enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor <br />substantially diminish or impair values in the immediate vicinity. <br />- In reviewing a CUP Submission, should it be considered that the use will have vehicular approaches to the <br />property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding <br />public thoroughfares. <br />- In reviewing a CUP Submission, should it be considered that the adequate measures have been taken or will be <br />taken to prevent noise, so none of these will constitute a nuisance in such a manner, that no disturbance to <br />neighboring properties will result. <br />5 — Subdivision <br />- Is a Subdivision defined as a residential development? <br />Page 6/8 <br />- Do subdivisions require registered survey and among other submittals, proposed covenants? Page 16 <br />- Is a neighborhood defined as an area adjacent to or surrounding existing or proposed development Page 7 <br />characterized by common use or uses, density, style and age of structures and environmental characteristics. <br />- Are Protective /Restrictive Covenants restrictions placed on the property by the owner and duly filed Page 8 <br />with the County Recorder? <br />- Is the Home Occupation standard designed for a use of commercial nature conducted by an occupant Page 7 <br />entirely within the dwelling or accessory buildings which use is clearly incidental and secondary to the use of the <br />dwelling for residential purposes and does not change the residential character? <br />General. Each home occupation in the City shall require a permit. Home occupation permits are not transferable <br />to a new owner /renter /occupant, thus the permit will not run with the property, nor be transferable to a different <br />property. (25/50 rule) <br />- Are the Lots of Breezy Pines, units of a subdivision plat approved, filed and recorded in the office of the Page 7 <br />County Recorder prior to the effective date of this Ordinance. (Pre -Existing) <br />- MN Statute Section 462.351 identifies the obligations of the buyer, seller and City to disclose Page 3 <br />subdivision's regulations that have been filed and properly recorded. <br />- MN Statute Section 462.363 supports the current effect and application of Breezy Pines subdivision covenants. <br />6 — Application of the Ordinance Page 9 <br />- Is it the intent that the provisions of this Chapter shall be held to be the minimum requirements for the <br />maintaining of the public health, safety, and welfare? And that ambiguities in the Ordinance shall be resolved by <br />interpretation of Planning and Zoning? <br />- Does the ordinance read where the provisions of the Ordinance are either more restrictive or less restrictive then <br />applicable provision of other laws, ordinances, statutes, resolutions, covenants or regulations of any kind, the <br />more restrictive condition, standard or requirement shall prevail, except as authorized by the more restrictive <br />agency? <br />A. <br />
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