HomeMy WebLinkAbout4D Text Amendment_Nonconformities
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JULY 25, 2022
AGENDA #: 4D
PREPARED BY: IAN COCHRAN, PLANNER
PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
AGENDA ITEM:
CONSIDER AMENDMENTS TO PRIOR LAKE CITY CODE SECTION 1123,
NONCONFORMITIES, RELATING TO REBUILDING NONCONFORMING
STRUCUTRES DAMAGED OR DESTROYED BY FIRE OR NATURAL DISAS-
TER
DISCUSSION: Introduction
The purpose of this public hearing is to consider text amendments to Section
1123 of the Prior Lake City Code related to nonconformities.
Background
Staff has identified a section of the zoning code related to nonconforming struc-
tures which are damaged or destroyed by fire or natural disasters that is incon-
sistent 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 replacement structure must
meet setback, 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 is 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 zoning ordinance and ensuring city code
language more closely matches that of state statute.
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
2
➢ The adoption of the amendment is consistent with State and/or federal
requirements.
In city staff’s opinion, adoption of the amendment would be consistent with State
requirements and the proposed amendments will help accomplish the following
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: Current City Code language requiring a variance be obtained if the structure does
not meet setbacks, lot coverage. Impervious surface, and other provisions of City
Code is contrary to State Statute. City staff is requesting the planning commission
review the proposed City Code, provide any comments, and recommend the city
council approve the proposed amendments.
ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the proposed
amendments to Section 1123 of the Prior Lake City Code.
2. Motion and a second to recommend the City Council City Council deny the
proposed amendments to Section 1123 of the Prior Lake City 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
ATTACHMENTS: 1. Section 1123 Proposed Ordinance Amendments - Redlined
SECTION 1123
NONCONFORMITIES
1123.200: NONCONFORMITIES. All nonconformities are subject to the provisions of this
Section as well as Minn. Stat. 462.357, Subd. 1e. If the provisions of this Section
are in conflict with Subd. 1e, the more restrictive provision shall apply. Nothing in
this Section shall be construed to permit a violation of any section of the City Code
or the continuation of any nuisance, unsafe or unsanitary condition.
1123.201 General Requirements. A legal nonconformity existing at the time of the
applicable provisions of the Zoning Code may be continued only as follows:
(1) Damaged or Destroyed Structures. If the cost to repair a nonconformity
involving a damaged structure is more than 50% of the County Assessor’s market
value of the structure at the time of the damage, the structure shall be removed or
made to conform to the Zoning Code within 12 months of the occurrence of the
damage; except that if the structure is legally nonconforming and the structure is
destroyed by fire or other natural disaster the structure may be rebuilt if a building
permit for reconstruction is issued within 180365 days of its destruction. When a
nonconforming structure in the shoreland district with less than 50 percent of the
required setback from the water is destroyed by fire or other natural disaster to
greater than 50 percent of its estimated market value, as indicated in the records
of the county assessor at the time of damage, a variance will be required if the
structure setback from the ordinary high water elevation is less than 50% of the
required setback. and if it otherwise conforms with the provisions of the Zoning
Code. This provision allows a structure to be rebuilt as long as it meets setback,
lot coverage, impervious surface and other applicable provisions. If the structure
does not meet these standards, a variance will be required