Laserfiche WebLink
<br />REQUEST FOR COUNCIL ACTION <br /> <br />Department Approval: <br />DPW/TP <br />Item Description: <br /> <br />DA TE:O 1/26/04 <br />ITEM NO: 3.4 <br />Agenda Section: <br />CONSENT <br />Amendment to text of Non Conforming Uses within City Code Section <br />1011 and 1002 (PF3537) (FIRST READING) <br /> <br />?LUU- ~ <br /> <br />1.0 BACKGROUND: <br /> <br />1.1 Non-conforming uses within zoning Section 1011 of the code need to be modernized. The staff is <br />recommending two updates that would reduce time, variance paper work. and clarify the policy of <br />the city. These amendments are to Section 1011.02 wherein staff proposes the following <br />exceptions to "pre-existing nonconforming structures and/or uses": <br /> <br />a. An expansion of a pre-existing residential principle or accessory structure in an R-l or R- <br />2 zoning district, while maintaining the same property line setbacks and structure <br />separations, and without further encroachment on any non-conforming structure <br />dimension or increase in the non-conformity of use of the land, unless to a conforming <br />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 the non- <br />conformity. Once a non-conforming structure or use ofland has been changed to a lesser <br />non-conformity, it cannot thereafter be altered to increase the nonconformity (or change <br />back to what was there previously). <br /> <br />c. A pre-existing principle or accessory structure, and expansion thereof, in which a property <br />line setback dimension has been made dimensionally substandard by eminent domain or <br />other formal public agency action shall be considered a le2allv conforming structure. This <br />clarifies what happened when the County, MnDOT, or the city expands a road right-of- <br />way. It is not the fault of the property owner, who could then ask for a setback variance for <br />mortgage/financial due diligence purposes. <br /> <br />d. For the following definition in Sectionl002, (NONCONFORMING USE OR <br />STRUCTURE) the definition has been expanded to include both "use" and "structure" as <br />follows: a nonconforming use or structure is any use, placement, or arrangement of land <br />and/or structures legally existing prior to the enactment of a Code provision prohibiting <br />such use or structure. <br /> <br />2.0 RECOMMENDATIONS: <br /> <br />On December 3,2003, the Planning Commission held a public hearing regarding the <br />proposed changes to the City Code pertaining to Non Conforming Uses. The Commission <br />recommended approv,!l of the draft ordinance dated December 3,2003 and attached. <br />There were no additional public comments. <br /> <br />1 <br />