Notice is hereby given that a hearing will be held before the Blue Earth City Council for the purpose of considering the adoption of an Ordinance Amending Provisions of Chapter 10 – Zoning Relating to Residential Districts Within the City of Blue Earth.
The public hearing will be held on the 12 day of December, 2011, commencing at 5:30 p.m. at the Blue Earth Council Chambers located at 125 W. Sixth Street. The proposed Ordinance and the accompanying map are available for public inspection at Blue Earth City Hall, 125 W. 6th St., Blue Earth, during regular business hours.
The precise restrictions that would be imposed vary depending on the location of the property. The restrictions generally regulate height of structures, the location or size, and use of buildings, and the density of population.
Persons who believe that they may be affected by the proposed Ordinance are encouraged to review it and ascertain the specific impact that it would have on their property.
Date: November 28, 2011
By: Kathy Bailey, City Administrator
ORDINANCE NO. 11-10
CITY OF BLUE EARTH
OF CHAPTER 10 –
ZONING RELATING TO
RESIDENTIAL DISTRICTS WITHIN THE
CITY OF BLUE EARTH
The City Council of the City of Blue Earth does hereby ordain as follows:
Subsection 1000.06 is amended as follows:
a. Subd. 76 – Special Use is deleted in its entirety.
b. Subd. 94 – Variance is amended to State: The term “variance” means a modification or variation of the provisions of this Chapter where it is determined that special and unusual circumstances relating to a specific lot make compliance with the provisions of this Chapter substantially impractical and a variance from the requirements of this Chapter will not:
(a) alter the essential character of the locality of the parcel/lot, and
(b) the proposed use will remain in harmony with the intent and purpose of this Chapter.
c. A new Subd. 101 – Zoning Variance Unique Circumstances. Circumstances that relate to the condition of a specific lot for purposes of a variance are “unique” if the lot/parcel conditions are:
(a) more narrow, more shallow or more of an odd shape as platted as of October 1, 2011;
(b) have an exceptional topographic feature or water condition; or
(c) have a significant tree or stand of trees of a size where the tree trunks are greater than 12 inches in diameter which interferes with the ability to meet the set back requirements.
d. A new Subd. 102 – Zoning Variance Essential Character. The phrase Zoning Variance Essential Character means the character of a specific platted block or subdivision within the City. For purposes of a variance, a proposed use impairs the essential character of a platted block or subdivision within the City if:
(a) the use impairs an adequate supply of light and/or airflow to adjacent platted lots;
(b) the use causes an unreasonable increase in the congestion of traffic upon the existing public streets;
(c) the use increases the danger of fire(s) within the block or subdivision;
(d) the use endangers the safety of the public within the block or subdivision; or
(e) the use unreasonably diminishes the property values of the other lots or parcels within the block or subdivision.
Subsection 1020.02, Subd. 1 Annexed Areas is hereby amended to state the following:
Subd. 1. Annexed Areas. Areas annexed to the City after October 1, 2011 shall be considered to be “R-2 Suburban Residential” until placed wholly or partly in another district by amendment as provided for in this Chapter.
Subsection 1030.01, Subd 2. – Zoning Districts and Map Subpart A is hereby amended to state the following:
Subd. 2a. For purposes of this Chapter the City is hereby divided into the following Zoning Districts.
1. AG Agricultural Preservation
2. R-1 Residential
3. R-2 Suburban Residential
4. B-1 General Business
5. B-2 Highway Business
6. LI Limited Industry
7. FP Flood Plain
8. S Shoreland
Subsection 1030.03 Urban Residential Districts (R-1) is amended as follows:
a. The title is amended to Subsection 1030.02 Residential Districts (R-1)
b. Subd. 2 Permitted Uses is amended as follows:
A. Single family detached residences
C. Community Center
D. Nurseries, excluding greenhouses
E. Public Recreation
F. Essential Services – telephone, power distribution poles, lines and necessary appurtenant equipment and structures such as transformers, unit substations and equipment houses.
G. Schools, private and public.
H. Home occupations meeting the requirements of Section 1040 of this Chapter.
I. Condominiums and townhome groupings of 8 units or less.
J. Apartment complexes
L. Home based licensed day care operations
c. Subd. 3. Accessory Uses.
A. Open off-street parking spaces meeting the provisions of Subsection 1040.07 of this Chapter.
B. Garages meeting the provisions of Subsection 1040.31 of this Chapter.
C. Fences and screening meeting the requirements of Subsection 1040.04 of this Chapter.
D. Decorative landscape features such as statues, rocks, reflecting ponds and benches.
E. Recreation equipment for personal use.
d. Subd. 4. Conditional Uses. The City Council may grant conditional use permits for any conditional uses that are in conformance with Section 1010.07 of this Chapter.
e. Subd. 5. Performance Standards.
A. Height Regulations. No buildings hereafter erected shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height.
B. Front Yard Requirements
1. Each lot in the R-1 Residential District shall have a minimum front yard of twenty (20) feet. In the event other dwellings already erected to the side of the proposed dwelling have been set back a distance greater than twenty (20) feet, the front yard requirement for the proposed dwelling shall conform to the average set back of the adjacent dwellings.
2. Corner Lots. When a lot is adjacent to more than one public street, the front line is the shortest side for setback purposes.
C. Side Yard Requirements. For every dwelling hereafter erected or structurally altered that does not exceed one and one-half (1 ½) stories, each side yard shall have a width of not less than five (5) feet. For every such dwelling that has two (2) stories, each side yard shall have a width of not less than eight (8) feet. For every such dwelling of two and one-half (2 ½) each side yard shall have a width of at least ten (10) feet. When the side yard of a dwelling is adjacent to a public street, the setback is required to be a minimum of twenty (20) feet.
D. Rear Yard Regulations. For all accessory structures and garages there shall be a rear yard of not less than five (5) feet, unless the accessory structure opens onto a public alley, in which case there shall be a rear yard setback of not less than twenty (20) feet. For all other buildings there shall be a rear yard having a depth of not less than thirty (30) feet.
E. Lot Area Regulations. The minimum lot size shall be 3600 square feet.
F. Lot Width and Depth Regulations. The minimum lot width shall be fifty (50) feet and the minimum lot depth shall be sixty (60) feet.
G. General Regulations. Additional requirements for parking, signs, exterior storage, and other use regulations are set forth in Section 1040 of this Chapter.
Subsection 1030.04 Suburban Residential Districts (R-2) is amended as follows:
1030.04 Suburban Residential Districts (R-2)
Subd. 1. Purpose. The major purpose of this district is to allow for a medium density residential development in outlying areas of the City which are served by central sewer and water systems.
Subd. 2. Permitted Uses.
A. Single family detached residences.
B. Public recreation
C. Essential services as allowed in R-1 districts
D. Home occupations that meet the provisions of Subsection 1040.32 of this chapter.
E. Condominium and/or townhome groupings of 4 units or less.
F. Home based licensed daycare operations.
Subd. 3. Accessory Uses.
A. Open off street parking meeting the provisions of Subsection 1040.07 of this Chapter.
B. Garages meeting the requirements of Subsection 1040.31 of this Chapter.
C. Fences meeting the requirements of Subsection 1040.04 of this Chapter.
D. Decorative landscaping as allowed in R-1 Districts.
E. Recreation equipment
Subd. 4. Conditional Uses. The council may grant conditional use permits for any conditional uses that are in conformance with Subsection 1010.07 of this Chapter.
Subd. 5. Performance Standards.
A. Height Regulations. No building hereafter erected shall exceed two and one-half (2 ½ ) stories or thirty-five (35) feet in height.
B. Front Yard Regulations.
1. Required setback distance from:
Road Right of Way Road Classification
70 State Highway
50 County Road
30 Local Street
2. Where a lot is located at the intersection of two (2) or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No garages or accessory buildings shall project beyond the front yard of either road.
C. Side Yard Regulations. There shall be a minimum side yard setback of fifteen (15) feet.
D. Rear Yard Regulations. For all buildings and garages, there shall be a rear yard having a depth of not less than thirty (30) feet.
E. Lot Area Regulations. The minimum lot size shall be 8500 square feet.
F. Lot Width and Depth Regulations. The minimum lot width shall be seventy-five (75) feet and the minimum lot depth shall be 100 feet.
G. General Regulations. Additional requirements for parking, garages, accessory buildings, signs, and other regulations are set forth in Section 1040 of this Chapter.
Subsection 1030.05 is hereby deleted in its entirety and all other Subsections in Section 1030 are re-numbered appropriately.
Subsection 1040.02, Subd. 1. is hereby amended to state the following:
Subd. 1. Residential Districts. In Residential Districts all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying, recreational equipment, construction/landscaping materials and equipment currently (within a period of thirty-six (36) hours) being used on the premises, agricultural equipment and materials if these are to be used or intended for use on the premises, off street parking of passenger automobiles and pickup trucks, boats and unoccupied trailers less than 20 feet in length are permissible if stored in the rear yard.
A new Subdivision 1040.31 – Garages is hereby created stating the following:
Subsection 1040.31 – Garages.
A. No private garage, whether attached or detached to the principal residence it is accessory to, shall be larger than 1024 square feet and no dimension for any private garage shall exceed 36 feet in length.
B. Location. A private garage shall comply with all setback requirements for accessory structures as specified in Subsection 1040.17 if a garage is a detached structure/building. If attached to the principal residence, a garage shall comply with all setback requirements for a principal residence.
C. Garages with Access from Public Alley. A private garage oriented so as to face onto a public alley shall not be less than twenty (20) feet from the alley.
D. Garage Doors. No garage shall have an access door or other opening that exceeds a height of ten (10) feet.
This Ordinance shall be effective thirty (30) days after passage and publication.
November 28, 2011
NOTICE OF MORTGAGE FORECLOSURE SALE
THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.
NOTICE IS HEREBY GIVEN, that default has occurred in conditions of the following described mortgage:
DATE OF MORTGAGE: August 9, 2008
MORTGAGORS: Lawrence A. Olson and Lynette M. Olson, husband and wife.
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
DATE AND PLACE OF RECORDING: Recorded August 19, 2008, Faribault County Recorder, Document No. 345211.
ASSIGNMENTS OF MORTGAGE: Assigned to: CitiMortgage, Inc.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100049700011370687
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Advanced Financial Services Inc. d/b/a AFS Financial Inc.
RESIDENTIAL MORTGAGE SERVICER: CitiMortgage, Inc.
MORTGAGED PROPERTY ADDRESS: 451 9th Street Southwest, Wells, MN 56097
TAX PARCEL I.D. #: 30.424.1050
LEGAL DESCRIPTION OF PROPERTY:
The East Half of Lots 5 and 6 in Block 6 in Murat N. Leland's Addition to the City of Wells.
COUNTY IN WHICH PROPERTY IS LOCATED: Faribault
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $51,637.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $52,957.35
That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/ Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;
PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:
DATE AND TIME OF SALE: December 16, 2011 at 10:00 AM
PLACE OF SALE: Sheriff's Office, Faribault County Jail, 320 Dr. H. Russ Street, Blue Earth, MN
to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07.
TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on June 18, 2012, unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.
MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None
"THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED."
Dated: October 14, 2011.
USSET, WEINGARDEN AND LIEBO, P.L.L.P.
Attorneys for Mortgagee/
Assignee of Mortgagee
4500 Park Glen Road #300
Minneapolis, MN 55416
THIS IS A
COMMUNICATION FROM A DEBT COLLECTOR.
October 31, November 7, 14, 21, 28, December 5, 2011