The annual meeting of the Cokato Finnish Cemetery will take place Sunday, April 28th at 7 p.m. at First Apostolic Lutheran Church’s fellowship hall, 74537 240th St., Dassel, MN 55325.
Published in the Enterprise Dispatch April 19 and 26, 2019.
CITY OF DASSEL SEEKING PUBLIC COMMENTS
Dassel, MN, April 22, 2019: The City of Dassel is requesting public comments on the potential environmental impact of improvements to the City’s existing drinking water treatment facility. The work includes rehabilitation or replacement of various existing equipment and a blower room addition to the existing facility.
The City intends to finance the project with a drinking water revolving fund loan. The loan is being jointly administered by the Minnesota Public Facilities Authority and the Minnesota Department of Health.
Comments should be submitted by noon on Monday, May 23, 2019. Please submit to the City’s consultant at Teresa Burgess, Bolton & Menk, Inc. 1960 Premier Drive, Mankato, MN 56001 or by email at email@example.com.
Published in the Enterprise Dispatch April 19, 2019.
STATE OF MINNESOTA
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICTCASE TYPE: TORRENS
IN DISTRICT COURT
Court File No. 86-CV-16-3986
LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
In the Matter of the Application of Brett M. Bullock and Sandra M. Bullock to register the title to the following described real estate situated in Wright County, Minnesota, namely:
That part of Government Lot 2 and the Southwest Quarter of the Northwest Quarter of Section 4, Township 120, Range 28, Wright County, Minnesota, described as follows:
Commencing at the Northeast corner of the Southwest Quarter of the Northwest Quarter of said Section 4; thence on an assumed bearing of South 86 degrees 26 minutes 36 seconds West, along the North line of said Southwest Quarter of the Northwest Quarter, a distance of 538.75 feet; thence North 00 degrees 19 minutes 32 seconds East, a distance of 169.60 feet to the point of beginning; thence return South 00 degrees 19 minutes 32 seconds West, a distance of 164.41 feet; thence South 78 degrees 03 minutes 15 seconds East, a distance of 25.44 feet; thence South 02 degrees 46 minutes 00 seconds East, a distance of 83.96 feet; thence South 02 degrees 45 minutes 35 seconds East, a distance of 439.94 feet; thence South 82 degrees 17 minutes 22 seconds West, a distance of 280.00 feet; thence North 13 degrees 12 minutes 53 seconds West, a distance of 438.16 feet; thence North 81 degrees 56 minutes 42 seconds East, a distance of 217.00 feet; thence North 54 degrees 07 minutes 22 seconds West, a distance of 383.66 feet; thence North 33 degrees 49 minutes 50 seconds West to the shoreline of Lake Sylvia; thence Northeasterly along said shoreline to a line that bears North 45 degrees 39 minutes 58 seconds West from the point of beginning; thence South 45 degrees 39 minutes 58 seconds East to the point of beginning.
Subject to the proprietary and sovereign rights of the State of Minnesota in all that portion of the land lying below the natural ordinary high watermark of Lake Sylvia; not intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to a navigable public body of water incident to the ownership thereof,
Applicants, Brett M. Bullock and Sandra M. Bullock,
The undetermined heirs of Margaret Maxson, deceased;
State of Minnesota;
St. Johns Lutheran Church;
Randal G. McClain;
Joyce A, McClain;
The Robert R. Benson Testamentary Family Trust
Margaret A. Knutson; and
French Lake Township;
also all heirs and devisees of any of the above-named persons who are deceased; and all other persons or parties unknown, claiming any right, title, estate, lien or interest in real estate described in the Application or amendments herein.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to answer the Application of the Applicant in the above-entitled proceeding and to file your answer to the said Application in the Office of the District Court Administrator in said County, within 20 days after service of this Sunmons upon you exclusive of the day of such service, and if you fail to answer the Application within the time aforesaid, the Applicant in this proceeding will apply to the Court for the relief demanded therein.
Dated this 25th day of March , 2019.
Attorneys for Applicant:
MacMILLAN & ATHANASES, PLLC
By: /s/ Peter A. MacMillan
(Atty. I.D. No. 125283)
9220 Bass Lake Road, Suite 355
Minneapolis, Minnesota 55428
Telephone: (763) 559-9553
Witness, District Court Administrator of said Court, and the seal hereof at Buffalo, in said County, this 17th day of April , 2019.
By: /s/ Kristy Carlson
Published in the Enterprise Dispatch April 19, 26, and May 3, 2019.
NOTICE OF PUBLIC HEARING
NOTICE IS HEARBY GIVEN: That on Monday May 13, 2019
The Stockholm Township Board of Adjustment will hold a hearing in the Stockholm Community Center at 16233 County Road 30 S.W. Cokato at 8:00P.M. to consider the petition of:
Owners Michael Stamer and Dannna Stamer
13259 15th St. SW Willmar, MN. 56201
Larry Goranowski and Marla Goranowski
10427 Oryan Ave SW Cokato MN 55321
LOCATION: Tax parcel 218-000-274200 and 218-000-272400
Legal description: Part of the South West quarter of the North East quarter and part of the North West quarter of the South East quarter
Township: 118 Stockholm
County: Wright, MN.
Reason for the hearing: To receive a variance for a non-standard division of said parcels for a 1031 exchange of tillable land with Larry and Marla Goranowski of 10427 Oryon Av. SW Cokato, MN.
Such persons that desire to be heard with reference to the proposed application will be heard at this time. If you do not attend the hearing or submit a written comment it will be assumed that you have no objections to the proposal. If there are any questions, please contact the Clerk, Administrator
STOCKHOLM TOWNSHIP PLANNING AND ZONING
CLERK: (612) 270-3409
Published in the Enterprise Dispatch April 19, 2019.
NOTICE IS HEREBY GIVEN that the Cokato Planning & Zoning Commission, Wright County, Minnesota will conduct a public hearing on Monday, May 6, 2019 at 6 p.m. or as soon thereafter as possible in the council chambers at Cokato City Hall, 255 Broadway Ave S, Cokato, Minnesota 55321, to consider a request for a variance for property located at 365 Ailie Ave in the Trailstone 3rd Addition.
Persons wishing to be heard regarding this request will have an opportunity to do so at the public hearing. Written comments may be submitted any time prior to the Planning & Zoning Commission meeting. Send comments to: City of Cokato, PO Box 1030, 255 Broadway Ave S, Cokato, MN 55321.
Annita M. Smythe
Published in the Enterprise Dispatch April 19 and 26, 2019.
CHAPTER 156 HISTORIC PRESERVATION
AN ORDINANCE ESTABLISHING A HERITAGE PRESERVATION COMMISSION AND GRANTING AUTHORITY TO RECOMMEND DESIGNATION OF HISTORIC PRESERVATION SITES.
THE CITY COUNCIL OF THE CITY OF DASSEL DOES ORDAIN:
That the Code of Ordinances of the City of Dassel, TITLE XV: LAND USAGE, is hereby amended by the addition of the following new Chapter 156, as follows:
§ 156.01 DECLARATION OF PUBLIC POLICY AND PURPOSE.
The Council of the City of Dassel hereby declares as a matter of public policy that the preservation, protection, perpetuation, and enhancement of buildings, structures, areas and districts and other objects having a special historical, community, or aesthetic interest or value, is in the interest of the prosperity, civic pride and general welfare of the citizens of Dassel. To this end, a Heritage Preservation Commission is hereby established and charged with the stewardship of Dassel’s heritage.
The purposes of this ordinance are to:
a) Safeguard the heritage of the City of Dassel by preserving properties which reflect elements of the City’s cultural, social, economic, political, visual, or architectural history;
b) Protect and enhance the City of Dassel’s appeal and attraction to residents, visitors, and tourists, while enhancing its economic viability through the protection and promotion of its unique character as related to its history and heritage;
c) Enhance the visual and aesthetic character, diversity and interest of the City of Dassel;
d) Foster civic pride in the beauty and notable accomplishments of the past;
e) Strengthen the local economy through the protection and promotion of Dassel’s unique historic character;
f) Promote the preservation and continued use of historic properties for the education and general welfare of the people of the City of Dassel; and
g) Provide educational opportunities on heritage preservation, act in an advisory capacity to its citizens, approve gifts and contributions for heritage preservation purposes and recommend use of gifts and contributions to advance heritage preservation.
§ 156.02 DEFINITIONS:
As used herein, the following terms have the following meanings.
ALTERATION. Any act that changes the exterior architectural appearance or exterior feature of a structure, site or area.
ADDITION. Any act or process which changes the exterior architectural features of a building or structure designated for preservation by adding to, joining with, or increasing the size or capacity of the structure.
COMMISSION. The Dassel Heritage Preservation Commission established by the Dassel City Council pursuant to this Chapter.
CONSTRUCTION. The act of altering an existing structure, building an addition to an existing structure, or the erection of a new principal building or accessory structure on a lot or property.
CONTRIBUTING. A designation applied to a building, structure or site which adds to the overall character and significance of an historic district due to its architectural or historical merit and its compatibility with other buildings, structures and sites within a historic district. A contributing structure has its major character defining features intact and although minor alterations may have occurred, they are generally reversible.
DEMOLITION. Any act that destroys or removes more than 30% of the building or other structure.
HISTORIC DESIGNATION ORDINANCE. An ordinance enacted supplementary to this Chapter by which the Dassel City Council designates a landmark, a historic district, or a historic resource for historic preservation.
HISTORIC DISTRICT. A contiguous geographical area containing one or more landmarks or historic resources and designated as a “Historic District” by ordinance of the City Council according to the criteria and procedures set forth in this Chapter.
HISTORIC RESOURCE. A landmark, site or structure located within a designated historic district having historic significance contributing to the district.
HISTORIC SIGNIFICANCE. Having character, interest or value as part of the development, heritage or culture of the community, county, state or nation, as the location of an important event, or through identification with a person or persons who made important contributions to the development of the community, county, state or nation.
HISTORIC SURVEY. An investigation of, followed by an identification and inventorying of potential landmarks, historic districts, and historic resources within the City of Dassel, and including a written report citing applicable criteria and standards that support the historic significance of each.
LANDMARK. A property, site, structure or object designated as a “Landmark” by the City Council as having a high degree of historical, cultural and/or architectural significance.
NATIONAL REGISTER OF HISTORIC PLACES. The nation’s official list of properties worthy of preservation as designated by the United States Department of Interior, National Park Service. Nominations of properties within Minnesota to this list are made through the auspices of the Minnesota State Historic Preservation Office.
NEW CONSTRUCTION. The building of a new principal building or accessory structure within a historic district or on a landmark site.
NONCONTRIBUTING. A building, structure, site or object located within a historic district that does not have architectural or historic significance, and does not add to the character and significance of an historic district, due to a lack of architectural or historical merit or its incompatibility with other buildings, structures and sites.
OBJECT. As distinguished from buildings and structures, objects are those creations that are primarily artistic in nature or are relatively small in scale. Examples of objects include: fountains, murals, monuments, sculptures or statuary.
PERIOD OF SIGNIFICANCE. The length of time when a property or collection of properties were associated with important events, activities, or persons. With respect to a historic district, the period begins with the district’s earliest remaining structures and ends when the last historically significant resource was constructed.
PROPERTY OWNER(S). An individual, individuals or entities that have title or ownership interest in a proposed landmark or in a contributing historic resource located within a proposed historic district.
SITE ALTERATION PERMIT. Written approval authorizing specified alternations to a designated landmark or to a contributing historic resource that do not adversely affect its historic significance.
SITE. The location of a proposed or designated landmark or contributing historic resource.
STRUCTURE. Anything created, constructed or erected having a permanent or semi-permanent location in or on another structure or in or on the ground.
§ 156.03 HERITAGE PRESERVATION COMMISSION ESTABLISHED.
Subd. 1. Creation of Commission. There is hereby established a City of Dassel Heritage Preservation Commission (hereinafter, the “Commission”) for the purpose of advancing the Public Policy of the City of Dassel as set forth above.
Subd. 2. Membership of the Commission. The Commission shall consist of the following:
a) Not less than five (5) and not more than seven (7) voting members appointed by the City Council. Any voting member appointed to serve on the Commission shall be a resident of Dassel and have a demonstrated interest in historic preservation.
b) At least one (1) voting member shall also be a member of the Meeker County Historical Society. The Chairperson or designee of the Dassel Planning & Zoning Commission shall be an ex-officio, non-voting member of the Commission. The City Council shall appoint a Council member to act as a non-voting liaison between the City Council and the Commission.
c) The composition of the Commission shall include as a voting member, or if not a resident of Dassel as a non-voting advisor, up to two (2) preservation related professionals with training or expertise in architecture, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture, or law.
Subd. 3. Appointments to Commission and Terms of Office. Appointments of members to the Commission shall be for a term of three years commencing on the date of City Council appointment. In the case of appointments made to fill a vacancy on the Commission, the term of the appointment shall be for the remainder of the term vacated. If the vacancy occurs with less than 45 days remaining in the term, the Council may allow the term to expire without appointing a person to fill the vacancy for the balance of the term, after which the Council shall appoint a member for the new full term. Members may be reappointed for consecutive terms.
The terms of office of any non-voting advisors shall be determined by the Council at the time of their appointments.
Subd. 4. Member Compensation. Members appointed to the Commissioners shall serve without compensation.
Subd. 5. Commission Meetings. The Commission shall hold its first meeting within 30 days after the minimum five (5) voting members of the Commission have been appointed. Thereafter, the Commission shall hold regular quarterly meetings and in addition shall meet more frequently as needed when called by the Chair to review and address organizational matters arising out of or relating to historic preservation issues. All meetings shall be properly noticed and open to the public in accordance with open meeting requirements.
Subd. 6. Commission Organization. At the first meeting of the Commission it shall elect from its voting members a chairperson, vice chairperson and secretary. The chair person shall preside over meetings of the Commission and shall have the right to vote. The vice chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. The secretary shall keep a record of all resolutions, proceedings and action of the Commission
The Commission shall make such by-laws as it may deem advisable and necessary for the conduct of its affairs and for the purpose of carrying out the intent of this Chapter which by-laws shall be consistent with the ordinances of the City of Dassel and the laws of the State of Minnesota.
Subd. 7. Quorum and Voting. A majority of the voting members shall constitute a quorum. Each voting member of the Commission shall be entitled to one (1) vote. Except as otherwise expressly provided in other provisions of this Chapter, the affirmative vote of a majority of Commission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the Commission.
§156.04 COMMISSION INVOLVEMENT IN DESIGNATING HISTORIC PRESERVATION LANDMARKS AND DISTRICTS.
Subd. 1. Purpose. This section provides the Commission with authority to undertake identification and recommendation to the City Council of historic properties, objects, and districts for preservation.
To accomplish the intent and purpose of this section, the city shall provide the Commission with staff support and supplies as reasonably necessary.
Subd. 2. Preliminary Identification of Potential Landmarks and Districts. The Commission shall undertake, or cause to be undertaken a historic survey to identify and inventory potential landmarks, historic districts, and historic resources that are of historical, architectural, archaeological, engineering, or cultural significance and that meet the criteria of a landmark or historic district.
The Commission may recommend to the Council that a professional individual or individuals with expertise in conducting historic surveys be retained for this survey. If the Council authorizes the retention of such an expert, the Commission shall work with the city in pursuing grants or other funding to finance a professional historic survey.
Subd. 3. Criteria for Designation of Landmarks or Historic Districts. The historic survey and the designation of potential landmarks or historic districts shall take into consideration the following criteria:
a) It should be at least 50 years old, unless it has achieved historic significance and is of exceptional importance.
b) It possesses character, interest, or value as part of the development, heritage, or cultural characteristics of the City of Dassel, the State of Minnesota, or the United States.
c) It has maintained its physical integrity, in that it retains original design features, materials, and/or character, or has been accurately restored.
d) It is at its original location, or is at a site of a significant historic event.
e) It is identified with a person or persons who significantly contributed to the culture and development of the City of Dassel or Minnesota.
f) It is an embodiment of distinguishing characteristics of an architectural style, period, form or treatment.
g) It exemplifies cultural, political, economic, or social heritage of the Dassel area community.
h) It is identified as work of an architectural or master builder whose individual work has influenced the development of the City of Dassel.
i) It embodies elements of architectural design, detail, material, or craftsmanship which represent a significant architectural innovation.
j) Its unique location, scale or other physical characteristics represent an established and familiar visual feature of a neighborhood, a district, the community, or the City of Dassel.
Subd. 4. Commission Findings, Recommendations, and Report. If, based upon the historic survey the Commission determines that certain properties, structures, sites, or geographical areas are eligible for designation as a landmark or as an historic district, it shall prepare written findings, recommendations and a report supporting this determination. The report shall include but is not necessarily limited to the following:
a) A physical description of each proposed landmark or proposed district;
b) A statement explaining the historic significance of each;
c) Maps depicting the boundaries of each landmark or historic district; and
d) Representative photographs.
Subd. 5. Public Informational Hearing on Preliminary Designations. Following the historic survey and completion of the Commission’s findings, recommendations and report, and prior to the Commission taking any further action or making any recommendation to the City Council, the Commission shall hold a public informational hearing to educate and receive public input. The Commission shall cause to be published in the City’s official newspaper a notice of the public informational hearing at least ten (10) days prior to the date of the hearing. Additionally, a notice of the hearing shall be mailed at least (10) days before the day of the hearing to all property owners of record of properties proposed to be designated for heritage preservation, and to all owners of property situated wholly or partly within 300 feet of the proposed historic preservation site. The notice shall state that a copy of the historic survey and a copy of the Commission’s findings, recommendations, and report is available for viewing at the Dassel City offices during normal business hours.
Subd. 6. Modifications to the Commission’s Initial Findings, Recommendation, and Report Following Public Hearing. Following the public hearing the Commission may make such modifications concerning its findings, recommendations, and report as it deems appropriate in consideration of the input received at the public hearing. These modifications may include a recommendation to initially proceed with historic preservation action only on certain but not all of the properties, structures, sites or geographical areas identified, and defer action on the others. The Commission may later pursue preservation action on any properties for which preservation action had been deferred.
Subd. 7. Planning & Zoning Commission Review. Following the public informational hearing the Commission shall by majority vote preliminarily determine which if any of the proposed landmarks or districts may be designated for historic preservation. The Commission shall advise the Planning & Zoning Commission (P&Z) of this determination, and transmit to the P&Z for a 60-day review the complete historic survey and the Commission’s findings, recommendations, and report.
The Commission shall request from P&Z its comments on the proposed designations as it may relate to the City Zoning Code or any Comprehensive Plan of the City, the effect of the proposed designation upon the surrounding neighborhood, and any other planning considerations which may be relevant to the proposed designations. The P&Z comments shall become part of the official record concerning the proposed designations.
Subd. 8. Proposed Program for Preservation. For each proposed landmark and for each historic resource within a proposed historic district that is being considered for recommendation to the City Council, the Commission shall create a proposed program for rehabilitation and preservation (“Program for Preservation”). The United States Secretary of the Interior’s Standards for Treatment of Historic Properties shall be among the standards used to create this Program.
Subd. 9. State Historic Preservation Office Review. In accordance with Minnesota Statutes §471.193, all proposed designations, along with the historic survey and its findings, recommendations and report shall be submitted to the Minnesota State Historic Preservation Office (SHPO) for a 60-day review period. SHPO’s comments on the proposed designations shall be sent to the Commission for consideration. The SHPO review may be conducted concurrently with the P&Z review referenced in Subd. 6 of this section. Thereafter, the Commission may make such modifications concerning the proposed designation as it deems necessary in consideration of the comments by SHPO.
Subd. 10. Commission Review and Final Recommendations to the City Council. Following completion of the steps set forth in Subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 of this section, the Commission shall undertake a final review and determine by majority vote which historic preservation designations, if any, should be recommended to the City Council.
§156.05 CITY COUNCIL ADOPTION OF HISTORIC DESIGNATION ORDINANCE
Subd. 1. Submittal of Commission’s Recommendation and Support Documentation to City Council. The Commission shall forward to the City Council the Commission’s final findings, recommendations and report, together with the historic survey and the comments of P&Z and SHPO. As part of this submittal, the Commission shall also submit a proposed Historic Designation Ordinance incorporating the Commission’s recommendation.
Subd. 2. Public Hearing and Adoption of Historic Designation Ordinance. The City Council shall schedule and hold a public hearing on adoption of the proposed Historic Designation Ordinance. Final adoption of this ordinance requires a three-fifths vote of all City Council members to be effective.
Subd. 3. Objection by Property Owner(s) to Proposed Designations. If a majority of property owners within a proposed historic district, or if the owner or owners of a proposed landmark or of a proposed historic resource located within a proposed historic district objects to the designation, such objection shall be submitted in writing, shall state the basis for the objection, and shall be submitted to the City Council at or before the scheduled public hearing. If a written objection is timely received by the City Council and not withdrawn, final adoption of the Historic Designation Ordinance requires a four-fifths vote of all Council members to be effective.
Subd. 4. Post-Designation Public Notice. Within 30 days following the adoption of the designation ordinance the property owner(s) of each designated Landmark or historic resource within a designated historic district shall be given notice of the designation and the necessity of obtaining a Site Alteration Permit prior to undertaking any material change in the exterior appearance of the site.
Subd. 5. Identification Plaque. Landmarks or historic resources within a historic district having been designated for historic preservation by the City Council may be awarded a numbered plaque, and with the owner’s consent it may be displayed on the exterior of the site in full public view. The plaque is to remain the property of the City and shall be removed by request of the Commission should the site be altered so as to destroy its historic integrity.
Subd. 6. Amendment of Designations. A historic designation ordinance may be amended as appropriate to add or delete designations of landmarks, historic districts, or historic resources located within a historic district, provided any amendment is consistent with this Chapter
Subd. 7. Recording of Preservation Sites. The City Clerk/Treasurer shall record with the Meeker County recorder the legal descriptions of all designated landmarks, historic resources and historic districts.
Subd. 8. Renewed Recommendation to Designate Historic Properties. If the vote by the City Council fails to approve the recommended designation of a landmark or historic district or historic resource, the Commission may, after the expiration of two (2) years from the Council vote, renew its recommendation for designation provided the then current criteria for designation are met.
§ 156.06 SITE ALTERATION PERMITS.
Subd. 1. Circumstances Requiring a Site Alteration Permit. A Site Alteration Permit shall be required for alteration of a designated landmark or an historic resource located within an historic district that involves any of the following:
a) Painting, alteration of architectural details and other related exterior alterations.
b) Installation or removal of awnings, shutters, canopies, and similar appurtenances.
c) Application or use of exterior materials of a different kind, type, color, or texture than those already in use which will substantially cover one or more sides of the structure. This provision applies to roofing as well as siding.
d) Installation of exterior signs.
e) Construction of a new building or auxiliary structure.
f) Any addition to or alteration of an existing structure which increases the square footage of the structure or otherwise alters its size, height, contour, or outline.
g) Change or alteration of a structure’s architectural style.
h) Alteration of a roof line.
i) Demolition in whole or in part, unless the structure is required to be demolished in accordance with Minnesota Statutes Ch. 463 or the Dassel City Code.
Subd. 2. Circumstances Not Requiring a Site Alteration Permit.
The following shall not require a Site Alteration Permit:
a) Ordinary maintenance;
b) Work affecting only the interior of a structure;
c) Relocating movable items such as planters or furniture;
d) Replacement of roofing with the same type and color of roofing materials;
e) Construction that does not affect the historically significant features of the historic resource.
Subd. 3. Application for a Site Alteration Permit. In addition to any other requirements that may be imposed by the P&Z, the Application for a Site Alteration Permit shall, to the extent relevant and necessary for an understanding an evaluation of the Application, be accompanied by detailed plans including a property plan, building elevations and design details and materials. In addition to the Site Alteration Permit, other relevant city permits may be required.
Two sets of the Application for a Site Alteration Permit shall be submitted by the applicant to the City; one set for the P &Z for its review and recommendations in accordance with §156.04, Subd. 6 of this Chapter; the other for the Commission for its review as set forth hereafter.
Subd. 4. Commission Review of Applications for a Site Alteration Permit. The Commission shall review all Applications for a Site Alteration Permit for the purpose of approval, disapproval, or approval subject to terms or conditions.
Subd. 5. Guidelines Applicable to Commission Review. All comments, recommendations, and decision of the Commission with respect to a requested Site Alteration Permit shall be in accordance with the final Program for Preservation generated under §156.04, Subd. 7 of this Chapter for the particular site for which the permit is sought.
The following Secretary of the Interior’s Standards for Treatment of Historic Properties shall be applied by the Commission in its review of Applications for Site Alteration Permits:
a) A site is to be used as it was historically, or given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
b) The historic character of a property is to be retained and preserved. The removal of distinctive materials or alterations of features, spaces, and spatial relationships that characterize a property should be avoided if possible.
c) Each property is to be recognized as physical representation of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
d) Changes to a property that have acquired historic significance in their own right shall be retained and preserved.
e) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property are to be preserved.
f) Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of mission features will be substantiated by documentary and physical evidence.
g) Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
h) Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures must be undertaken.
i) New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment.
j) New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
§ 156.07 WRITTEN FINDINGS RELATING TO SITE ALTERATION PERMIT.
The Commission shall approve, disapprove, or approve with conditions an Application for Site Alteration Permit under this Chapter. In doing so the Commission shall make written Findings based on the Program for Preservation of the Landmark or historic resource as follows:
a) In the case of a proposed alteration or addition to existing buildings, the Commission shall make written findings on how the structure may be architecturally or historically affected. To be considered are the existing exterior appearance, building height, building width, depth, or other dimensions, roof style, type of building materials, ornamentation, paving and setback.
b) In the case of the proposed demolition of a building, prior to the approval of demolition, the Commission shall make written findings on the following:
1. Architectural and historic merits of the building.
2. The effect on surrounding buildings.
3. In the case of partial demolition, the effect on any new proposed construction on the remainder of the building and on surrounding buildings.
4. The economic value or usefulness of the building as it now exists, or if altered or modified, in comparison with the value or usefulness of any proposed structures designated to replace the present building or buildings.
c) In the case of a proposed new building, the Commission shall make written findings on how the building will, or by reason of its location on the property, materially affect the architectural or historic value of buildings on adjacent sites or in the immediate vicinity within the site.
§ 156.08 TIME LIMITATIONS ON COMMISSION ACTION
If within forty-five (45) days from the filing of an Application for Site Alteration Permit the Commission has neither approved nor denied the Permit application, the plans and permit application shall be deemed to have been approved by the Commission. If all other requirements of the City have been met, the City shall authorize a permit for the proposed work. No permit shall be issued and no work commenced in the event the Commission disapproves the Site Alteration Permit.
§ 156.09 APPEAL TO THE CITY COUNCIL.
The Commission, in any written decision denying a permit application shall advise the applicant of the right to appeal to the City Council and shall include a copy of this section in all such written decisions. The appeal must be brought within ten (10) working days of the date of the Commission’s recommendations or decision.
The appeal shall be deemed perfected upon receipt by the City Clerk/Treasurer, or authorized city representative, of the notice of appeal and statement setting forth the grounds for the appeal. The City Clerk/Treasurer shall transmit a copy of the notice of appeal and statement to the City Council and a copy to the Commission. The City Council may overturn or modify the Commission’s recommendations and/or decision by a three-fifths vote of all members of the City Council.
§ 156.010 EMERGENCY REPAIR PERMIT
In emergency situations where immediate repair is needed to protect the safety of a building or structure and its inhabitants, the City Clerk/Treasurer and/or designated City building official may approve the repair without prior Commission action. When an emergency repair permit is issued pursuant to this section, the City Clerk/Treasurer shall immediately notify the Commission of its action and specify the facts or condition constituting the emergency situation.
§ 156.011 ENFORCEMENT
In case any building or structure subject to the regulation of this Chapter is to be erected or constructed, reconstructed, altered, repaired, converted, maintained, moved, or subjected to demolition in violation of this Chapter, the Chairman of the P&Z may, in addition to any other remedies:
a) Institute civil action for injunctive relief to stop, prevent, or abate a violation of this ordinance.
b) Issue a stop work order to prevent a continuing violation of this Chapter.
Work which proceeds in violation of this Chapter, in contravention of a stop work order, or in disregard of a court ordered injunction, shall be a public nuisance subject to the remedies available to the City under its public nuisance ordinances.
§ 156.012 ADDITIONAL POWERS AND DUTIES OF THE COMMISSION.
a) The Commission shall work in cooperation with the Meeker County Area Historical Society to fulfill the requirements of this Chapter.
b) The Commission shall ensure that annual reports are prepared by October 31st of each year as required in accordance with Minnesota Statutes §471.193 Subd. 6 for submission to the Minnesota State Historic Preservation Office and shall file copies with the Dassel City Administrator for distribution to the City Council.
c) The Commission shall periodically review the historic survey and update it as appropriate. This historic survey and updates thereto shall be maintained by the City Clerk/Treasurer at City Hall.
d) The Commission shall work for the continuing education of the citizens of Dassel focusing on civic and architectural heritage of the City.
e) The Commission may recommend to the City the acceptance of gifts and contributions for historic preservation, and work with the City staff in the preparation of applications for grants and other funding for the purpose of historic preservation.
i) On or before December 1 of each year, the Commission shall submit to the City Council for approval a proposed budget for Commission operations during the upcoming fiscal year.
§ 156.013 REPOSITORY OF DOCUMENTS
The office of the City Clerk /Treasurer is designated as the repository for at least one copy of all studies, reports, recommendations and programs required under this section. It is recommended that a second copy be kept with the Dassel Area Historical Society. These files will be maintained in accordance with Minnesota Statutes §138.17.
§ 156.014 RECORDING OF HERITAGE PRESERVATION SITES.
The office of the City Clerk/Treasurer shall record or file with the Meeker County recorder the legal description of all landmarks and historic resources located within an historic district of the City of Dassel.
This ordinance shall be in full force and effect thirty (30) days from and after its passage and publication according to law.
Passed by the City Council of the City of Dassel, Minnesota, this 15th day of April, 2019.
Ron Hungerford, Mayor
Attest: Terri Boese, City Clerk/Treasurer
Published in the Enterprise Dispatch April 19, 2019.