HomeMy WebLinkAbout6B - Ordinance Amendment Request - Noncomformities
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JUNE 13, 2022
AGENDA #: 6B
PREPARED BY: IAN COCHRAN, PLANNER
PRESENTED BY: IAN COCHRAN
AGENDA ITEM:
PROVIDE DIRECTION TO STAFF RELATED TO AMENDMENTS TO SECTION
1123, NONCONFORMITIES, OF THE PRIOR LAKE ZONING CODE
DISCUSSION: Introduction
The purpose of this agenda item is to formally request a motion to have staff
update Section 1123 of the Prior Lake Zoning Code.
Background
Staff has identified a section of the zoning code related to nonconforming struc-
tures which are damaged or destroyed that is inconsistent with Minnesota State
Statutes.
State Statute 462.357 Subd. 1e. allows for nonconforming structures damaged
or destroyed by greater than 50% of their estimated market value to be rebuilt if
a building permit is applied for within 180 days of the damage occurring. Prior
Lake’s code allows for nonconforming structures destroyed or damaged by more
than 50% of their estimated market value to be rebuilt if a building permit is ap-
plied for within 365 days of its destruction, but any new structure must meet set-
back, lot coverage, impervious surface, and other applicable provisions of section
1123 of the code. If the structure does not meet these standards, a variance is
required.
The intent of the ordinance amendment would be to address the inconsistency
between city code and state statute by omitting the need for a variance if the
structure does not meet certain provisions of the ordinance and ensuring city
code language mirrors that of state statute.
By directing staff to update Section 1123 the commission will set forth the neces-
sary public hearing and public notice procedures relating to a zoning ordinance
amendment.
Current Circumstances
Subsection 1153.201 of City Code details the four ways amendments to the Zon-
ing Code may be initiated, including:
➢ The Planning Commission may initiate such amendments by motion.
➢ The City Council may on its own motion initiate amendments by referring
them to the Planning Commission for review.
➢ Any property owner may formally petition the City to consider an amend-
ment to the Zoning Map for land for which he/she is property owner.
➢ Any individual may petition the City to consider an amendment to the text
of the Zoning Code.
2
.
Conclusion
The proposed zoning ordinance amendment provides a necessary correction of
an overly restrictive part of our zoning code.
Subsection 1153.209 (Policy for Amendments) of the Zoning Code states recom-
mendations of the planning commission and final determinations of the city coun-
cil shall be supported by findings addressing the relationship of the proposed
amendment to the following policies:
In the case of amendments to the text of the Zoning Code:
➢ There is a public need for the amendment, or
➢ The amendment will accomplish one or more of the purposes of the Zon-
ing Code, the Comprehensive Plan or other adopted plans or policies of
the City, or
➢ The adoption of the amendment is consistent with State and/or federal
requirements.
In city staff’s opinion, the proposed amendments will help accomplish the follow-
ing findings and purpose of the Zoning Code:
➢ Promote the most appropriate and orderly development of the residential,
business, industrial, public land, and public areas.
➢ Require that development proceed according to the goals and policies es-
tablished in the City's Comprehensive Plan.
➢ Conserve natural resources and environmental assets of the community.
ISSUES: Staff is requesting the Planning Commission direct staff initiate a zoning ordi-
nance amendment for Section 1123 of the Prior Lake Zoning Code. The Planning
Commission is not being asked to recommend approval of an ordinance amend-
ment this evening, only to provide direction to staff to initiate a potential amend-
ment If staff direction is provided, the Planning Commission will review the actual
zoning ordinance language revisions at a future public hearing date.
ALTERNATIVES: 1. Motion and a second directing staff to present proposed amendments to Sec-
tion 1123 of the Prior Lake Zoning Code.
2. Motion and a second directing staff not to initiate proposed amendments to
Section 1123 of the Prior Lake Zoning Code.
3. Motion and a second to table discussion of the item to a future meeting date
and provide staff with direction.
RECOMMENDED
MOTIONS:
Alternative #1