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Department Approval: DPW/TP REQUEST FOR COUNCIL ACTION DATE:OI/26/04 ITEM NO: 3.4 Agenda Section: CONSENT Item Description: Amendment to text of Non ConformingZ.Tses within City Code Section 1011 and 1002 {PF353'n (FIRST READING) 1.0 BACKGROUND: 1.l Non-conforming uses within zoning Section 1011 of the code need to be modernized. The staff is recommending two updates that would reduce time, variance paper work. and clarify the policy of the city. These amendments are to Section 1011.02 wherein staffproposes the following excenHons to "pre-existing nonconforming structures and/or uses": a. An expansion of a pre-existing residentialprinciple or accessory structure in an R-1 or R- 2 zoning district, while maintaining the sa�ne property line setbacks and structure separations, and without further encroachment on any non-conforming structure dimension or increase in the non-conformity of use of the land, unless to a conforming use, shall be permitted. (Ord. 881, 6-1-81) b. A lawful pre-existing non-conforming structure or use may be changed to lessen the non- conformity. Once a non-conforming structure or use of land has been changed to a lesser non-conformity, it cannot thereafterbe altered to increase the nonconformity (or change back to what was there previously). A pre-existingprinciple or accessory structure, and expansion thereof, in which a property line setback dimension has been made dimensionally substandard by eminent domain or other formal public agency action shall be considered a e all conforming structure. This clarifies what happened when the County, MnDOT, or the city expands a road right-of- way. It is not the fault of the property owner, who could then ask for a setbackvariance for mortgage/financial due diligence purposes. d. For the following definition in Section1002, (NONCONFORMING USE OR STRUCTURE) the definition has been expanded to include both "use" and "structure" as follows: a nonconforming use or structure is any use, placement, or arrangement of land and/or structures legally existing prior to the enactment of a Code provision prohibiting such use or structure. 2.0 RECOMMENDATIONS: On December 3,2003, the Planning Commission held a public hearing regarding the proposed changes to the City Code pertaining to Non Conforming Uses. The Commission recommended ��,�1 of the draft ordinance dated December 3,2003 and attached. There were no additional public comments.