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Department Approval: DPW/TP Item Description: REQUEST FOR COUNCIL ACTION ses 1011 and 1002 (PF3537) (SECOND READING AND FINAL APPROVAL) 1.0 BACKGROUND: DATE:02f 09l04 ITEM NO: 3.7 � Agenda Section: CONSENT 1.1 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 clarifythe policy of the city. These amendments are to Section 1011.02 wherein staff proposes the following exceptions 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 same 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, shallbe 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 thereafter be altered to increase the nonconformity (or change back to what was there previously). c. A pre-existing principle or accessory structure, and expansion thereof, m which a property line setback dimension has been made dimensionally substandardby eminent domain or other formal public agency action shall be considered a le2allv 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 setback variance for mortgage/financial due diligence purposes. d. For the following definition in Section1002, (NONCONFORNIING 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 approval of the draft ordinance dated December 3,2003 and attached. There were no additional public comments. The Council reviewed the ordinance at study meeting on January 19 and held a first reading on January 26,2004.