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HomeMy WebLinkAboutStatement of Nonconformity_Grainwood_07.22.20 4646 Dakota Street SE | Prior Lake, MN 55372 952.447.9800 | www.cityofpriorlake.com July 22, 2020 Kyran Huebl 1632 S. Milwaukee Street Denver, CO 80210 Re: Statement of Nonconformity – 4313 Grainwood Circle NE Dear Kyran, The Prior Lake City Council approved an ordinance (Ord. 120-04) amending Section 315 of the Prior Lake City Code relating to short-term rentals on May 4, 2020. Primary amendments included: ➢ Prohibiting rentals of less than 60 days. ➢ A revised definition for short-term rental. The previous definition included, “the rental or lease of a dwelling unit in whole or in part”. The “in whole or in part” language was removed to distinguish a short-term rental from a boarder. Boarders (keeping of not more than two boarders or roomers by a resident family) is permitted as an accessory use in the residential use districts and is not the same as a short-term rental. The definition also previously referenced short-term rentals as 30-days or less and now a minimum 60-day rental is required. ➢ The ordinance now prohibits advertising a short-term rental without a short-term rental permit. ➢ Language was added to clarify a dwelling cannot be rented out under more than one lease at a time to prohibit a property owner or agent from entering into multiple overlapping 60-day leases. ➢ A requirement was included to require a current fully executed lease must be available on site and available to city staff or police upon request. Nonconformities are regulated under Subsection 1107.2300 of Prior Lake City Code and Minnesota Statutes 462.357, Official Controls: Zoning Ordinance, Subd. 1e. (Nonconformities). This letter shall satisfy requirements of subsection 1107.2305 of the Prior Lake Zoning Ordinance acknowledging that the single-family residential property at 4313 Grainwood Circle NE, Prior Lake, MN 55372, as described on the attached Exhibit A, had a valid short term rental permit (P19-2735) as of the effective date of this ordinance amendment (May 9, 2020). The use of the Property for short-term rentals of less than 60 days is a legal nonconforming use and may continue, not subject to the prohibition against rentals for less than 60 days, as long as the short-term rental permit remains active and in good standing. The Property is still subject to all other current and future amendments to City Code Section 315 relating exclusively to health, safety and welfare that are consistent with the nonconforming status of the property under this letter. Sincerely, Casey McCabe Community Development Director / Zoning Administrator City of Prior Lake 2 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 19, Grainwood Park, Scott County, Minnesota, together with that part of the abandoned right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad in Government Lot 4, Section 35, Township 115, Range 22, adjacent to said Lot 19 and easterly of the center line of the track formerly thereon as shown in Scott County Recorder’s Document No. 178669 less the property previously taken by condemnation for road.