Weekly Gazette, Aug. 12, 1976
ORDINANCE NO. 42

AN ORDINANCE FOR THE TOWN OF GRANT, WASHINGTON COUNTY, MINNESOTA, PROVIDING AN INTERIM RESTRICTION ON THE DENSITY OF DEVELOPMENT WITHIN THE TOWN UNTIL AUGUST IS, 1977.

THE BOARD OF SUPERVISORS OF THE TOWN OF GRANT DOES ORDAIN AS FOLLOWS:

1. GENERAL PROVISIONS.
 
 
A. Intent and Purpose. This ordinance Is adopted for the purpose of protecting the rural residential character of the Town and preventing premature urbanization while planning data Is being collected and a new zoning ordinance is being prepared. B. Legislative Statement of Findings: It Is found by the Board of Supervisors as follows:
 
 
1. The Town of Grant has prepared a comprehensive land use plan indicating that it is the intent of the residents of the Town of Grant that the township should develop as a rural residential area.

2. The rural residential development that has occurred In the township heretofore has been of a scattered nature. Measures are needed to assure more rational growth patterns, including density.

3. The population density which could result from development taking place In accordance with the current plan and land use ordinances and regulations could not be characterized as rural and may result In the need for sanitary sewer systems. Metropolitan plans and programs do not contemplate the provision of sanitary sewer service In the Town of-Grant before the year 1900.

4. Urban services including sanitary sewer, which will be required should the town become urban in nature, could not be furnished without undue financial hardship.

S. Soil studies of Grant Township are being conducted and other planning is being undertaken for the purpose of developing new zoning and subdivision ordinances which will provide requirements which will be better adapted to the character, existing land use, and soil conditions of the township. In order to protect the Town of Grant from premature and inconsistent subdivision and development until the new zoning and subdivision ordinances are adopted, It Is necessary that Interim controls be enacted which will temporarily regulate development In a manner which will not be detrimental to the planning and the development of the new ordinance.

6, A maximum density of one dwelling unit per ten acres should not be detrimental to the provisions of the new zoning or subdivision ordinances and will allow reasonable rural development to continue during the planning process.

11. DENSITY RESTRICTION.
  1. The maximum density for residential dwelling units within all zoning districts shall be one dwelling unit per ten acres. No building permit shall be issued if the proposed construction would cause the above density restriction to be exceeded.
  2. . Existing dwelling units In areas of the town where the above density restriction is already exceeded shall not be considered non-conforming uses for purposes of this ordinance.
III. ADMINISTRATION OF DENSITY REQUIREMENTS.

The density requirements imposed by this ordinance shall be administered by the town in accordance with Ordinance No. 11, Regulating the Subdivision and Platting of Land in the Town of Grant. Every division of a parcel of land after the effective date of this ordinance Into two or more lots or parcels, any of which resultant parcels is less than ten (10) acres, or having a frontage of three hundred (300) feet or less on a public right-of-way, for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land, shall be considered to be a subdivision and subject to the requirements of the said Ordinance No. II. The term subdivision Includes resubdivision, and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Every application for subdivision shall be required to confirm to the density requirement set forth herein. No parcel of land or portion thereof which is not included within the parcel or parcels being subdivided may be considered or credited in the computation of density of the proposed subdivision,

IV. MINIMUM LOT AREA REQUIRIEMENT.

A. The minimum lot area requirement for all land In the Town of Grant shall be five (5) acres. For the purpose of defining lot area, the definition as set forth In Ordinance No. 10, the Zoning Ordinance of the Town of Grant, shall control.

V, EXCEPTIONS-FOR LOTS OF RECORD.

During the effective period of this ordinance, a building permit for a single-family residence may be issued for construction on any parcel of record established on or before August 5, 1975, notwithstanding the density or lot size restriction contained herein, provided that such residence and accessories would have been permitted on the parcel under the terms of Grant Township Ordinance No. 10 s amended.

VI. VARIANCES AND APPEALS.

Where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this ordinance, an appeal may be made and a variance may be granted. The hardships or difficulties must have to do with the characteristics of the land and not of the property owner. The person desiring variance shall first appear before the Planning Commission which shall submit a report to the governing body. The governing body may grant the variance if it finds that a hardship has been created by the shape or condition of the parcel In question; granting the variance is necessary to the reasonable use of the land and granting the variance will not adversely affect the existing or potential use of adjacent land.

VII. EXPIRATION.

This ordinance shall expire and cease to have any force and effect on August 15, 1977.

VIII. APPLICATION.

This ordinance shall apply to and govern the entire territory of the Town of Grant during the period for which it is In effect. This ordinance during its effective period shall replace and supersede provisions of other ordinances and regulations applicable to the town which are in conflict or inconsistent with the provisions contained herein. Provision of the ordinances of the Town Grant concerning zoning and subdivision not inconsistent with this ordinance shall continue in full force during the effective period of this ordinance.

IX. PENALTY.

Any person, convicted of violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed $300.00 or by Imprisonment for a period not to exceed ninety (90) days, or both.

X. VALIDITY.

The validity of any word, section, clause, paragraph, sentence' part or provision; of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

XI. EFFECTIVE DATE.

This ordinance shall take effect on the date of its adoption by the Town Board and its publication according to law.

/S/ Eugene J. Eastlund

Chairman

Attest:

/S/ Shelia S. Davis

Clerk