ORD 91-11NO. 91-11
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
INTERIM ORDINANCE EXTENDING THE MORATORIUM ON THE
CONSTRUCTION OF CERTAIN ACCESSORY BUILDINGS WITHIN THE R-1
RESIDENTIAL AREAS OF THE CITY OF OTSEGO
The City Council of the City of Otsego ordains:
WHEREAS, the City of Otsego,formerly the Town of Otsego
incorporated pursuant to Order of the Minnesota Municipal
Board effective November 15, 1990, has authorized a study to
be conducted relative to the adoption of official controls
as defined in Minn. Stat. 462.352, subdivision 15; and
WHEREAS, the City Council has determined that control of
certain accessory buildings within R-1 Residential areas
would tend to protect both the planning process and the
health, safety and welfare of its citizens; and
WHEREAS, the City Council is empowered by Minn. Stat.
462.355, subdivision 4 topass an Interim Ordinance
applicable to part of its jurisdiction, such Interim
Ordinance was passed by the Otsego Town Board of
Supervisor's on July 16, 1990 to be effective for one (1)
year; and
WHEREAS, the City Council has determined that control of
certain accessory buildings is still necessary until such
time as the City's Zoning Ordinances are in place; and
WHEREAS, the City Council has determined that extension of
said moratorium will be in the best interest of the City, as
previously stated above; and
WHEREAS, Minn. Stat. 462.355, Subd. 4 empowers the City to
extend an interim ordinance up to 18 months after it's
original period if that be one year.
THEREFORE, the City Council ordains a one year extension of
Ordinance No. 8 as follows:
Sec. 1 Moratorium. That there is from the effective date of
this ordinance for one year hereby established an extended
moratorium on the construction of accessory buildings in
those areas zoned R-1 Residential within the City of Otsego.
Said accessory buildings to be limited as follows:
...00111�
A. Total accessory space on any lot shall not exceed
1,500 square feet.
B. Freestanding accessory buildings shall not exceed
12 feet in sidewall height and shall be of the same
exterior finish as the principal structure on the
residential lot.
Sec. 2 Misdemeanor. Any person, persons, firm or corporation
violating any provisions of this ordinance shall be guilty
of a misdemeanor, and upon conviction thereof, shall be
punished pursuant to Minn. Stat. 609.02, Subdivision 3, or
as subsequently amended.
Sec. 3 Injunctive Relief. In the event of a violation of
this ordinance, the City may institute appropriate actions
or proceedings, including requesting injunctive relief to
prevent, restrain, correct or abate such violations.
Sec. 4 Separability. It is hereby declared to be the
intention that the several provisions of this ordinance are
separable in accordance with the following: If any court of
competent jurisdiction shall adjudge any provision of this
ordinance to be invalid, such judgment shall not affect any
other provisions of this ordinance not specifically included
in said judgment.
Sec. 5 Effective Date. This ordinance shall be in full force
and effect from and after it's passage and publication.
Passed by aCity Council of the City of Otsego, this
` day of , 1991.
CITY OF OTSEGO
NORMAN F. FRESKE, MAYOR
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Jp)kOME PER LT, CLERK