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HomeMy WebLinkAbout1992-09 07-13 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of July 1992 at 7 :15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Special Home Occupations Within the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 92 -09 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF SPECIAL HOME OCCUPATIONS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Backaround 1.01 That part of the Citv includina all properties. anv part of which lies within 400 feet of the riaht of wav of Brooklyn Boulevard and between T.H. 100 and the North citv limits (hereinafter referred to as the "Subject Area is a fullv developed area containina a mix of commercial and residential uses. The Subiect Area is sufferina the effects of deterioration. bliaht. economic disinvestment and decline in property values because of the acre of structures. inefficient or obsolete lavout of lot and structure. the effects of roadway widenina. and other factors. 1.02 The Subject Area is desianated in the Citv's Comprehensive Plan. 1981 as Mid Densitv Residential. Service Office and General Commerce and is a mixture of zonina classifications includina R -1. R -2, R -3. R -4. R -5, C -1 and C -2. ORDINANCE NO. 92 -09 1.03 The Council is concerned that one of the factors which may be contributina to decline of the Subject Area is the mix of commercial and residential uses. In recent vears a number of sinale familv residential units in the Subject Area have been converted in part to a commercial use by issuance of special use permits for special home occupations under Sections 35 -406 and 35 -220 of the Citv Code. Such uses have manv of the characteristics of a commercial use includina the use of additional structures. the use of eauipment not customarilv found in the home and the employment of persons who do not reside in the dwellinq. 1.04 The Council is concerned that arantina such special use permits for special home occupations may be contributina to the bliahtina influences in the Subject Area and may slow the normal economic process of conversion from non conformina to permitted uses by makina non conformina uses more viable. 1.05 The Citv has commissioned a studv of the Subject Area in an effort to foster development and redevelopment and enact appropriate zonina ordinances and subdivision reaulations so that private sector efforts to revitalize the area are not frustrated and that factors tendina to cause bliaht and deterioration will be reversed. 1.06 To assure that the development of uses durina the period the studv is beina conducted does not adverselv affect the ability of the City to enact and enforce appropriate controls: to protect the ulannina process. and the public health. safetv and welfare: and to assure that the Citv and its citizens retain the benefits of the Citv's Comprehensive Plan and zoning ordinance. the Council has determined that it is necessary and desirable to adopt this interim ordinance pursuant to the authoritv aranted in Minnesota Statutes. Section 462.355. Sd. 4 (the "Act ORDINANCE NO. 92 -09 Section 2. Determination. 2.01 Durina the period this ordinance is in effect. no special use permits for special home occupations shall be considered or issued by the Citv within the subject area. 2.02 This ordinance shall remain in effect for a period of six months from its effective date or such earlier date as may be adopted by the Citv Council. provided that, if the studv and Dlannina Drocess have not been completed within that six month period this ordinance may be extended for such additional periods as deemed necessary by the Citv Council not to exceed an additional period of eiahteen months as permitted by the Act. Section 3. This ordinance applies to anv applications for special home occupations that have not received approval by the City Council before June 22. 1992. Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 13th day of July 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication July 1, 1992 Effective Date July 30, 1992 (Underline indicates new matter, brackets indicate matter to be deleted.)