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<br />REQUEST FOR PLANNING COMMISSION ACTION <br /> <br />Department Approval: <br />DPW/TP <br />Item Description: <br /> <br />DATE: 12/03/03 <br />ITEM NO: 7b <br />Agenda Section: <br />PUBLIC HEARING <br />Amendment to text of Non Conforming Uses within City Code Section <br />1011 and 1002 (PF3537) <br /> <br />CONTINUED FROM NOVEMBER 5,2003 PUBLIC HEARING <br />1.0 BACKGROUND: <br /> <br />1.1 Non-conforming uses within zoning Section 1011 of the code need to be modernized. The <br />staff is recommending two updates that would reduce time, variance paper work. and <br />clarify the policy of the city. These amendments are to Section 1011.02 wherein staff <br />proposes the following exceptions to "pre-existing nonconforming structures and/or <br />uses": <br /> <br />a. An expansion of a pre-existing residential principle or accessory structure in an <br />R-1or R-2 zoning district, while maintaining the same property line setbacks and <br />structure separations, and without further encroachment on any non-conforming <br />structure dimension or increase in the non-conformity of use of the land, unless to <br />a conforming use, shall be permitted. (Ord. 881, 6-1-81) <br /> <br />b. A lawful pre-existing non-conforming structure or use may be changed to lessen <br />the non-conformity. Once a non-corning structure or use ofland has been changed <br />to a lesser non-conformity, it cannot thereafter be altered to increase the <br />nonconformity (or change back to what was there previously). <br /> <br />c. A pre-existing principle or accessory structure, and expansion thereof, in which a <br />property line setback dimension has been made dimensionally substandard by <br />eminent domain or other formal public agency action shall be considered a legally <br />conforming structure. This clarifies what happened when the County, MnDOT, or <br />the city expands a road right-of-way. It is not the fault of the property owner, who <br />could then ask for a setback variance for mortgage/financial due diligence <br />purposes. <br /> <br />d. For the following definition in SectionlO02, (NONCONFORMING USE OR <br />STRUCTURE) the definition has been expanded to include both "use" and <br />"structure" as follows: a nonconforming use or structure is any use, placement, or <br />arrangement of land and/or structures legally existing prior to the enactment of a <br />Code provision prohibiting such use or structure. <br /> <br />1 <br />