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<br />:.oRD~NANCE NO. 121
<br />VILDAGE 01<' NEW BRIGHTON
<br />· COUNTY 01<' RAMSEY
<br />STATE OF MIl'iNESOTA
<br />AN ORDINANCE ADOPTING THE
<br />TERMS OF A SPECIAL USE PER-
<br />MIT ISSUED TO THE UNITED
<br />THEOLOGICAL SEMINARY FOR
<br />THECONS1'RUCTION AND MAIN-
<br />TENANCE OF A THEOLOGICAL
<br />SEMINARY IN THE VILLAGE OF
<br />NEW BRIGHTON.
<br />The Village Council of the Village
<br />of New Brighton docs ordain:
<br />Section L Purpose. On the 23 day of
<br />June, 1961 the Vmago Council of the
<br />Village of New Brighton granted a
<br />special Use permit to the United The-
<br />ological Seminary to construct and
<br />maintain a theological seminary on the
<br />following premises located in the Vil.
<br />lage .of New Brighton:
<br />AIl that part .of the West one-half
<br />(W',,) of the Southwest Quarter
<br />- (SW'/,) of Section Nineteen (I9).
<br />township thirty (30), Range Twen-
<br />ty-three (23), lying- South of High-
<br />way '100. Also the Northwest Quart-
<br />er (NWV,) of Section Thirty (30).
<br />Township Thirty (30), . Range
<br />Twenty-three (23). Ramsey Coun-
<br />ty,Minnesota, according to. the
<br />. survey thereof by Isaac N. Hig-
<br />bee, certified as accurate by the
<br />Surveyor General On April 28,
<br />1875, excepting therefrom the
<br />East One-half \ E %) of the South-
<br />east Quarter (S1':%) thereof and
<br />the acreage taken therefrom by the
<br />State of Minnesota in eminent
<br />domllin proceedings for Highway
<br />No. 100 and except the South
<br />Two Hundred Fifty-five' (255)
<br />feet of the F..ast One Hundred
<br />Seventy (E 170) feet of the North-
<br />east Quarter (NE%) of the North-
<br />west. Quarter (NWV,), Seetion"'-
<br />Thirty (30), Towmhip Thirty (30).
<br />Range Twenty-three (28), deed to
<br />the Village of New llrig)1ton ex-
<br />e-:pt that part taken for Plat of
<br />Lake Forest and also. except all
<br />that part of the West One-Half
<br />(W',") of the Southeast Quarter
<br />(SE '4) of the Northwest Quar-
<br />ter (NW '/,) of Section Thirty
<br />(80), Townshi" Thirty (80), Range
<br />Twenty-three (23), Ramsey County.
<br />Minnesota, described as follows:
<br />Beginning on the ElIst line of the
<br />said West One-half (W \.l,) distant
<br />11';.58 feet South of the North-
<br />east corner of the said West One-
<br />Half (W %); thence Southwesterly
<br />ot an angle 6f 640 07' 09" to the
<br />said East line and in the South-
<br />west. Quadrant, for a distance of
<br />126.74 feet; thence Southeasterly
<br />and at ri"ht angles to the last
<br />described line for a distance of
<br />78.0G feet; thence on a tangential
<br />curve to the right with a radiu.
<br />of 109G.28 feet for a distance of
<br />238.14 feet, more -or leas, to its
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<br />intersection with the said East' line,
<br />thence North along the said East
<br />line to the point of beginning.
<br />
<br />to further guarantee that the terms of
<br />said special use permit shall remain a
<br />permanent part of the recor(ls of the
<br />Village of New Brighton the Village
<br />Council hereby adopts the terms of said
<br />special use permit by ordinance.
<br />
<br />Section 2. Conditions of Special. Use
<br />Permit.
<br />
<br />1. This pe:mit shall be perpetuaL
<br />
<br />2. That the land use plat attached
<br />hereto and forming a part herEof
<br />shall permanently designate the de-
<br />velo-pment of the aLove described
<br />tract of land by the United Theologi-
<br />cal Seminary. Said plat shalI be ap-
<br />proved by the Village Couneil and
<br />shall carry thereon the signatures of
<br />the Mayor and Village Clerk and
<br />the. P.residen1; and Treasurer of the
<br />United Theological Seminary. Three
<br />copies of this permit and land use
<br />plat shall become a permanent part
<br />of the Village records and shall be
<br />retained on file with the Village
<br />Clerk.
<br />
<br />(a) Said land use plat shall designate
<br />the arcus of the _above' deHcribedtract
<br />that shall be used for single family
<br />rcsidencf's, edtlcatic1nnl buildings,
<br />student housing, and retreat area.
<br />(b) The following te'r"," are defined:
<br />1. Sing-Ie family residences; A
<br />single family residence is a dwell-
<br />ing constructed for the Use of OTIC
<br />family containing not IE.sS than
<br />. thirteen hundred square feet plus
<br />an attach€:d garage and must con-
<br />form to the provisions of Ordinance
<br />No. 56 as omended. No single fam_
<br />ily residence within . the area de-
<br />signated to be used for single fam-
<br />ily residenees shaIl be closer tj,a,n
<br />thirty (80) feet from the nearest
<br />point on neighboring single f~m-
<br />ily residences within the afore
<br />described zone.
<br />2. Edueational Buildings: A struc-".
<br />ture not higher than hvo stories
<br />containing class room facilities.
<br />For the purpOse of this permit a
<br />chapel may be placed in the area
<br />desi"nated for educational build-
<br />ings ancl shall not be restricted to
<br />hvo stor;es in height.
<br />3. Student housing: Dormitori'?s or
<br />one bedro-Jm apartment buildings
<br />not over two Btorie~ in height for.
<br />the use - of persons registered as
<br />bona fide students of the seminary.
<br />4. Retreat Area: An area devoted
<br />to the constrl~ction of facilities
<br />conducive to study and meditation
<br />by . United Theological Seminary
<br />personnel.
<br />
<br />6. The area designated "future
<br />housing" On the attached plat map
<br />shall be restricted to future con-
<br />struction of. student housing', as
<br />defined above, and to single faln-
<br />ily residences as defined above.
<br />(cl No building of any kind or type.
<br />other than single family residences
<br />
<br />
<br />
<br />as defined above. ,:hall be construct-
<br />ed or maintained within two hundred
<br />fifteen f€et (215) of any point on
<br />the boundary of the 'Pr€sent plat of
<br />Lake Forest. No r'oad or drive, other
<br />than an extension of Driftwood Lane,
<br />shali be constructed or maintained
<br />within one hundred forty feet (140)
<br />of any point on the boundary line of
<br />the present plat of Lake Forest.
<br />3. All educational buildings and stu..
<br />dent dormitories and apartments
<br />shall be con:3tructed with a minimum
<br />setback from perimeter roads, boun-
<br />daries, or easements of not less than
<br />sixty feet. All single family resi~
<br />dcnces shall conform to- Ordinance
<br />No. 56 as am€nded of-the New
<br />Brighton VilJage Ordinances. All
<br />streets dedicf'ted to the ViJlage of
<br />New Brighton shall be. formalized
<br />by. deed fr"m the fee owner of the
<br />~lbove described tract to the Village
<br />of New Brighton in a form aPl-JrOV7
<br />["d by the Village Attorney.
<br />.'4. The United Theologieal Seminary
<br />agre{!8 to reimburse the Village of
<br />New Brighton for ffi.e protection
<br />from the Village Fire Devartment
<br />and/or members of n mutual fire
<br />protection pact at an hourly r~te for
<br />labor nnd equipment use actually ex-
<br />pended in the fighting of fires on
<br />the nbove d~scribed property, said
<br />rate to be' established by the Fire
<br />Chief of the New Brighton Fire De-
<br />,partmel)t subsequent to each fire call
<br />serving the above described premises.
<br />5. The United Theological Seminary
<br />grees to submit. to the jurisdiction
<br />of the Village courts, police depart-
<br />ment, and claims no immunity from
<br />ordinances now in effect or hereafter
<br />passed by the Village Council.
<br />6. The United Theological Seminary
<br />agrees to conform with the fencing
<br />regulations of the Village of New
<br />Brighton, and will not construct any
<br />fenees over 4 and one-half feet in
<br />height aojacent to the Lake Forest
<br />plat without. approval of the Village
<br />Council, as required by ordinance,
<br />as well as approval of a majority of
<br />residents living on Forest Dale Hoad.
<br />Fencing' on the southwest and north-
<br />ern boundaries of the seminary prop-
<br />erty shall be controlled by the Vil.
<br />lage Council only.
<br />,
<br />/7. Since It is in the contemplation
<br />! of the United Theolog-ical Seminary
<br />'/' and the Village of' -New Brighton
<br />that changes may be required in the
<br />land use plat and/or conditions be-
<br />caUSe of reasons unknown to both
<br />parties at the present time it is
<br />specifically agreed that ,changes will
<br />be permitted in said plat and/or eou-
<br />ditions only upon the approval of a
<br />two-thirds vote of the entire Village
<br />Council, after notice and public hear-
<br />ing as provided in New Brighton
<br />Ordinance No. <;1 Section 14.
<br />8. All private roads constructed with-
<br />in the above described premises shall
<br />conform to the road standards and
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<br />. specifications for work and ;"aterial
<br />set out in Ordinance No. 98 of the
<br />Village of New Brighton. And that
<br />the United Theological Seminary
<br />shall, at its own eXl)(~llseJ construct
<br />E1.nd maintain all private roads, and
<br />Village utilities located on its Pl. em-
<br />i8(~S. 'I'he seminnry shall be r€8pOnS-
<br />ible for weed control and shall main..
<br />.tain its entircllremises in such a
<br />manner 80 that jt wili conform to
<br />the aesthetk qualities of the ad-'
<br />jacent properties.
<br />
<br />9. The United Theolog-ical Seminary
<br />shall present a compll,te drainage
<br />,plan to the Village. COimciI, for its
<br />avproval, before building- IH'rmits are
<br />iSRued, and with (;ach building- per-
<br />ndt application' shnll submit a copy
<br />of the area use nwp h(:rein npI>roved
<br />showing the location of the building
<br />for which application is made.
<br />
<br />10. The United Theological Seminary
<br />shnll. waive any immunity. if any, to
<br />assessments for rondo water, sanitary
<br />sewer, or storm sewer improvement'J.
<br />11. In areas dl'signat('o. for single
<br />family re:-:;idences no other use such
<br />as lJUrking lots, or recreation facilit-
<br />ies, shall be permitted.
<br />
<br />12. Any condition not specifically
<br />recited in this permit shall he deem-
<br />ed R!l intended to mean that the
<br />Villug-e Council retains ultimate con-
<br />trol and approval must be obtained
<br />by the United Thcoloi,tical Seminary
<br />before any action can be taken.
<br />13. No. temporary buildings, such as
<br />Quonset or barracks buildings, shall
<br />be constructed, used or maintained at
<br />any time, except those structurc:snec-
<br />essary to eon tractors during" any
<br />period of construction of dwellinJ~a,
<br />buildings or other such construction.
<br />14. There will. be no use of F'orest
<br />Dale Road for the movement of ma-
<br />terial, Bupplies, equipment etc., for
<br />cdnstruction 'purposes .of the semin-
<br />ary.
<br />15. When the dOlling of Forest Dale
<br />Road at Highway 100 becomes im-
<br />inent the United Theological Semin-
<br />fll"Y agrees to open either Stinson
<br />Htrcct or MiqlOsa Lane extended to
<br />'the nearest then existing road on
<br />the -seminary property, the road to
<br />be extended to be selected by the
<br />majority of the residents at that
<br />time of Lake Forest with the approv-
<br />al of the Village Council. In addition
<br />the seminary recognizes the right of
<br />access across uninlproved seminary
<br />property" in cnse' of fire Or similar
<br />emergency to" propertie~ on Forest
<br />Dale Hoad not rea(lily aceessible bY
<br />rneansof the existing road.
<br />Section 3. Eflectiv~ Date. This ordi.
<br />nance shall be iir''i'all'.force and effect
<br />from and after the 23 day of June
<br />1961 and Its publication according to
<br />law.
<br />
<br />Bernard M. Skrebes
<br />Mayor
<br />
<br />Attest:
<br />Norma L. Hong
<br />Village, Clerk
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