ORD 97-03OPTION 1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 97-3
INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON RESIDENTIAL
SUBDIVISIONS WITHIN THE CITY OF OTSEGO.
Section 1. Purpose. This interim ordinance is hereby established
for the following reasons:
A. To halt present residential subdivision and subdivision
applications within the City of Otsego.
B. To enable the City to conclude ongoing studies regarding
the provision of sewer and water services and completion of
revisions to the City Comprehensive Plan which have already
been initiated.
C. In order to protect the Planning process, and insure proper
land use controls.
D. To protect the City's ability to financially undertake a
sewer treatment plant if approved.
E. To protect the environment, and to provide for a safer
water supply.
F. To protect the health, safety, and welfare of the citizens
of Otsego
Section 2. Authority and Purpose. The City Council is empowered by
Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance,
applicable to all or a part of its jurisdiction , for the purpose
of protecting the planning process and the health, safety, and
welfare of its citizens.
Section 3. Temporary Prohibition. For one year after the effective
date of this ordinance, or until such earlier time as the Otsego
City Council determines by resolution that the reasons for the
moratorium no longer exist, no application for any type of proposed
residential subdivision shall be accepted or processed by the City.
Section 4. Exceptions. Specifically exempted from this prohibition
are the following:
A. Applications for commercial or industrial subdivision.
B. Allowable 1 per 40 land splits within agricultural areas.
C. The issuance of building permits for individual residences,
or accessory buildings upon lots which have been previously
approved and which are in full compliance with the
applicable lot requirements for a buildable lot within the
zone in which they are located.
D. Applications for Conditional Use Permits.
E. Applications for variances.
This interim ordinance shall not affect those development
applications for residential subdivisions which have submitted a
complete application to the City prior to the effective date of
this ordinance, nor shall it affect the following proposed
applications for subdivision which have already initiated
discussions with the City regarding residential subdivision and
which have taken substantial steps in preparation for such
application, or have received related initial approvals: Lin Bar
II, Heritage Plains II, Fabian and Catherine Sadowski (that land
identified as the North 40 acres of PID No, 118-500-223200 which
lies within the City's immediate service area), and Eugene N. and
Delaine Kreuser (that 30 acre parcel of land identified as PID No.
118-500-171401). The above specifically listed subdivisions shall
be excluded from the moratorium established in this ordinance only
upon the condition that they submit to the City a complete
application for residential subdivision on or before March 1, 1997.
Section 5. 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, plus costs of prosecution.
Section 6. 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.
Section 7. Separability. It is hereby declared 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 interim ordinance to be invalid, such judgment
shall not affect any other provisions of this ordinance not
specifically included in said judgment.
Section 8. Effective Date. This ordinance shall take affect from
and after its passage and publication, and shall remain in effect
until one year after the effective date, unless a shorter period of
time is approved by proper resolution of the Otsego City Council.
ADOPTED by the City Council of the City of Otsego this 27TH day
of January , 1997.
IN FAVOR:
Mayor Larry Fournier, Vern Heidner, Suzanne Ackerman, Mark Berning
and Virginia Wendel, Council Members
OPPOSED: No One
Posted: 2 /Boards - City Hall
CITY OF OTSEGO
Larry rnier, Mayor
Published: February 5, 1997 - Elk River Star News