HomeMy WebLinkAbout#3 Non-Conformities Ordinance Amendme
Memo
To: Planning Commissioners
From: John Hinzman, Community Development Director
Date: October 11, 2010
Subject: Public Hearing – Ordinance Amendment #2010-46 –
City Code Chapter 155 – Expansion to Nonconforming
Structures
REQUEST
The Planning Commission is asked to hold a public hearing to consider an
amendment to Hastings City Code Chapter 155 – Zoning Ordinance. The change
would eliminate the need for variances for many nonconforming structures.
BACKGROUND
The Minnesota Supreme Court recently issued a decision that appears to
severely limit the ability of City’s to grant zoning variances. In the case of
Krummenacher v. City of Minnetonka, the Supreme Court narrowly interpreted
the definition of “undue hardship” and held that the “reasonable use” prong of the
“undue hardship” test is not whether the proposed use is reasonable, but rather
whether there is reasonable use in the absence of the variance. This is a much
stricter standard, which considerably limits variance opportunities. Please see
the following link for further information
http://www.lmc.org/page/1/varianceruling.jsp.
Staff continues to research the impact of the ruling, and may bring further
amendments forward in the near future.
AFFECT OF CHANGE
Create “Established Structure Setback” –
The setback established by an
existing structure. The Established Structure Setback may be less than the
minimum zoning provision provided that the structure is legally nonconforming. A
nonconforming structure may be expanded provided it does not extend beyond
the “Established Structure Setback” Please see below:
NONCONFORMING VARIANCES GRANTED
About half of the variances granted over the last ten years have been to allow
expansions of nonconforming structures. These variances would no longer be
necessary.
Year Nonconforming Total Variances
Variances Granted
2000 2 4
2001 3 6
2002 5 10
2003 4 7
2004 6 11
2005 5 11
2006 0 2
2007 3 5
2008 2 5
2009 2 5
2010 1 3
TOTAL 33 69
ATTACHMENTS
Proposed Amendment
ORDINANCE NO.______________, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
HASTINGS CITY CODE CHAPTER 155 – ZONING ORDINANCE –
NONCONFORMITIES AND ESTABLISHED STRUCTURE SETBACK
BE IT ORDAINED
by the City Council of the City of Hastings as follows:
Chapter 155.02 of the Hastings City Code – Zoning Ordinance – Definitions is hereby
amended as follows:
(Additions to the ordinance are underlined and section numbers may be
:
renumbered)
ESTABLISHED STRUCTURE SETBACK.
The setback established by an
existing structure. The Established Structure Setback may be less than the minimum
zoning provision provided that the structure is legally nonconforming.
AND
Chapter 155.06(D)(1) of the Hastings City Code – Zoning Ordinance – Nonconforming
Structures is hereby amended as follows:
(Additions to the ordinance are underlined and section
:
numbers may be renumbered)
(D) Nonconforming structures. Where a lawful structure exists at the effective date
of adoption or amendment of this chapter that could not be built under the terms of this
chapter because of restrictions on area, lot coverage, height, yards, its location on the lot,
or other requirements concerning the structure, the structure may be continued while it
remains otherwise lawful, subject to the following provisions.
(1) No nonconforming structure may be enlarged or altered so as to increase its
nonconformity, except as follows:
a.but any A structure or portion thereof may be altered to decrease its
nonconformity.
b.A nonconforming structure may be expanded provided it does not
extend beyond the Established Structure Setback.
All other sections shall remain unchanged.
ADOPTED
by the Hastings City Council on this ______ day of ________, 2010.
_________________________________
Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Melanie Mesko Lee, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented
to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ____ day of
_________, 2010, as disclosed by the records of the City of Hastings on file and of record
in the office.
_____________________________________________
Melanie Mesko Lee, City Clerk
( SEAL)
This instrument drafted by:
City of Hastings (JWH)
101 4th St. East
Hastings, MN 55033