HomeMy WebLinkAbout2005 04-19 HCA AGENDA
BROOKLYN CENTER HOUSING
COMMISSION
April 19, 2005
7 p.m.
CouncillCommission Room
Brooklyn Center City Hall
1. Ca11 to Order: 7 p.m.
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes Maxch 15, 2005
5. Chairperson's Report
6. Council Liaison Report
7. Update on Opportunity Site Task Force
8. Review Ordinance Relating to Rental
Dwellings and Non-Conforming Uses;
Amending City Code Sections 12-901, 12-902
9. Discussion: Chapter 12
10. Other Business
11. Adjournment: 8:30 pm.
i
MElVIOR.A.I`�D�
TO: Chairperson Judy Thorbus
Housing Commission Members
ment S ecialist�
Tom Bublitz, Communtty Develop p
FROM:
DATE: April 13, 2005
SUBJECT: Review ofPropvsed Ordinance Relating to Rental Dwellings and Non-
Conf'anning Uses.
At the Mazch 28, 24t}5 City Council meeting the Cauncil referred a proposed ardinance to the
Housing Cammissian for review and comment. An exceYpt of the March 28�' Council Minutes
relative to the Commission's work directive on this item is enclosed.
A co of the roposed ordinance language is included with this memorandum atong with some
FY F
proposed forms and letters pr�pared by staff that would be used in the administration of the
ardinance should it be adrrpted.
The Planning Cammission reviewed Chapter 35-111 relating to rental dwellings and non-
confarming uses. A copy of the Qf the Planning Cammission minutes relative to this review is
enclosed.
The Hausing Commissian's rep�rt an the proposed ordinance would need to be completed in
time to be ready for the 7une 13 City Council meeting.
Page 1 of 2
Tom Bublitz
From: Sharon Knutson
8ent: Tuesday, April 12, 2005 4:54 PM
Ta: Tom Bublitz
Subject: Text from 3/28/05 Council minutes regarding the rentai ordinance
9i. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND N4N-CONFORMING USES;
AMENDING CITY CC1DE SECTIUNS 12-901,12-402 AND 35-111
Mr. McCauley discussed that staff is suggesting same changes in the rental dwelling and zoning ordinances
to stxeamline d�aling with duplexes and/or two-family dwellings. There is a significant amount of units
naw nanconfarnung in the �ity and stai`f ha.s found that the enforcernent af the licensing provi.sions of
Chapter 12 relati��e to these properties has become extremely time consumin� and often contentious. This
item is on the agenda far twa possible actions. One would be to introduce the proposed ardinance for first
reacli�ig and set seconcl reading asxd public hearing on June 13, 2Q05; and the second would be to direct the
Hausing Commissian to review and report an tlie ordinance prior to June 13, 2005.
Councilmember Carmody expressed that she would like to hald off on the first reading, have the Housing
Cammission review the ordinance, and then put this itenl an the June 13, 2005, agenda for approval of frst
reading.
Couz�ciinlember Niesen discussed that she would not be inctined to set a first reading without thoroughly
debating this housing law. She believes this is an importaait issue and with the Council being the highest
autl�ority to deal with h.ousing issues, she would like ta move ahead with holding oft on setting the first
reading at this time. She asked tl�ai these ideas presented move forward ta the meeting with the Council and
Coinmission Chairs and infonned that she will be meeting wit.li the Housing Cornmission in May ta further
discuss this issue since she has many concerns.
Cow�.cil.m.einber Cannody su�gested that Councilniember. Niesen. prepare a nlemo af her concerns to present
to the Housing Cominission in April so tliey have tiine to review her concerns and to discuss in May; and
infonned th.at she would like to see th.e inema before it goes to the Housing Commission to make sure it
would be sarnething that the Counci.l agrees on.
Mr. McCauley discussed that the text before the Caunci.l tliis evening does not cha�ige the palicy on rental
housin�;. it attempts ta address people who are not subject to the rental housing ordinance in the first
instance. This would be an orclerly mechanism thai; relates to establishi�ig and inaintainin� proof of a
iion�onforming use. It does iiot relate to how you rent property or the rules of renting praperty, it is simply
allowing an. orderly inechanism for people to do that. With respect ta the technical applicatian of license
fees, it clarifies that if somebody applies for a license they do not get the entire fee back; they get the fee
less what had been spent in terms of staff time up to that point.
Council.�n.ernber Niesen questioi�ed the sixty plus duple�es and/or twa-fanaily dwellings that are
noncanfor.ming. Mr. NlcCauiey discussed that they were biult at a time when the zoning wou.ld allova the
construction of�a two-fa.inily dwelling andlor duplex. Some of those areas were rezoned to R-1. When it
ti�+as zoned R-1 they becanle nonconf.orniing uses.
Cc�uncilmember Niesen discussed her pr�perty that was built as a motlier-in-law apartment which she
believes is very common in Minnesota and that she does uoi know why sonleone would come inta her R-1
zoned house; a��d ca11 it a duplex. Sl�e sai.d that thc City of Brook:(}Tn Center stands alane on this area and
many other areas of the rental orclinance and tllat is ��s=}zy= she wants to discuss this furthei• �vith tlie Housing
4/13/2005
Page 2 of 2
Commission.
Councilmember Niesen questioned t�te followin� language proposed in the ordinance a�nendment: I
An aumer af a duplex dwelling that is being occupied but is not being let for lease or rent is not
req�ured to secure a rental dwelling license provided such owner files with the City a certification, in
a fonn provided by the City, that no rent or any other cansideration is being paid, given or provided,
directly or indirectly, by or on behatf. of the occupants to the owner. The owner shall provide such
additional infiormation in support of such certitication as may be required by the Compliance
Ufficial.
Sh.e expressed thax she believes it is not acceptable ta have gavernment intrusian into people's lives.
Mayor Kragness discussed the reason a liceiise is bein.g required is to help pay wit11 staff's time having to
inspect two units. Cauncilmeniber Niesen debated about that even being an issue.
Coun.cilmember Carinody discussed thax she bclieves thi.s niatter. wauld not be an appropriate discussion for
the joint meeting with Colnmission Ch.airs. She suggested that the timeline be discussed with the
Con�mission Chairs; and ehat at this ti�ne tlle Council darect the Housing Commission to review and report
an tlie ardinai2ce prior to Jluie 13, 2005.
A motion by Councilmernber Carmady, seconded by Councilmember Lasman to direct the Housing
Commissian. ta review and report an tile ardinance prior to June 13, 2005. R�otion passed unanunously.
Mr. LeFevere informed that this would also a.inend the zoiiing code and quesiioned if the Cauncil would be
referring this to the Pla7�cning Commission. 1VIr. McCauley responded that this issue would be sent to the
Pl�ing Commission as we1L
an zi�nns
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of
2005,
at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to
rental housing and to non-conforming uses.
Auxiliary aids for handicapped persons are available upon request at 1 emen s hours in advance.
Please notify the personnel coordinator at 763-569-3303 to make arrang
ORDINANCE NO.
AN pRDINANCE RELATING TO �ENDI�N� C TY C�DE
AND NON-CONFORMING USES,
SECTIONS 12-901, 12-902 AND 35-111
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 12-901 of the Brooklyn Center City Code of Ordinances is
amended as follows:
Section 12-901., LICENSING OF RENTAL LTNITS.
1. License Required. No person shall operate a rental dwelling without first having
obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall
be two types of licenses: regular and provisional. Provisional licenses are defined in Section 12-
913. An owner of a du�lex dwellins� that is beina occu�ied but is not bein� let for lease or rent is
not reauired to secure a rental dwellin� license �rovided such owner files with the Citv a
certification, in a form �rovided bv the Citv, that no rent or an�� other con�ds to p The,
given or �rovided, directly or indirectl�, bv or on behalf of the occup
owner shall �rovide such additional information in supnort of such certification as mav be
reauired bv the Comnliance Official.
2. �License Term. Regular licenses will be issued for a period of two years.
Provisional licenses will be issued for a period of six months. All licenses, regular and
provisional, will be reviewed every six months after the beginning of the license term to
determine the license status.
3. License renewaL License renewals shall be filed at least 90 days prior to license
expiration date. Within two weeks of receipt of a complete application and of the license fee
required b� Section 12-902, the Compliance o�cial shall schedule an inspection. No application
for an initial or renewal license shall be submitted to the city council until the Compliance
CLL-259602v 1 1
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official has determined that all life, health safety violations or discre ancies
P have been corrected.
4• Condition of License. Prior to issuance or renewal of a license and at all times
during the license term, a license holder must be current on the payment of all utility fees taxes
and assessments due on the licensed property and any other rental real property in the cit owned
by the license holder. In the event a suit has been commenced under Minnesota Statutes Secti
27 8.01-278.03, questioning the amo�t or validity of taxes, the City Council may on a� licatio
waive strict compliance with this provision; no waiver ma be pP n
portion thereof which remain unpa,id for a period exceedin one ranted, however, for taxes or any
g Yeat' after becoming due.
Section 2. Section 12-902 of the Brooklyn Center City Code of
amended as follows 4rdinances is
Section 12-902. LICENSE FEES. License fees, as set forth by city council resolution
shall be due 90 days p�ior to the license expiration date; in the cases of new uniicense
dwellings, license fees shali be due upon issuance of the certificate of occupanc d
Y
A delinquency penalty of 5% of the license fee for each day of operation without a valid
license shall be charged operators of rental dwellings. Once issued, a license is nontransferab
and the licensee shall not be entitled to a refund of any license fee upon revocat' le
suspension; however, the licensee shall be entitled to a license fee refund, prorated mo n or
upon proof of transfer of le g al c o n tr o l o r o w n e r s h i p. I f an ann licant withdraws an apnli a on�
nrior to issuance of a license, the fee sha11 b e r e f u n d e d a ft e r d e duc tin� t he costs of inspection and
anv o t her costs and ex}�enses incurred bv the Citv in connection with receivine an
the annlication. d processine
A fee, as set by city council resolution, shall. be charged for all reins ecti
after the first reinspection. The reinspection fee(s) vv�ll be payable at the time of license renewai
for the property, in the case of rental housing and at the time of recertification of occu anc f
nonresidential properties. p y or
Section 3: Section 35-111 of the Brooklyri Center City Code of Ordi
amended as follows: nances is
Section 35-111,. NONCONFORMING USES. Unless specifically rovided
herein, the lawful use of any land or building existing at the time of adopti n of this ordi anc
may be continued even if such use does not conform to the regulations of e
provided: this ordinance,
1• No such nonconforming use of land shall be enlarged or increased
greater area of land than that occupied by such use at the time c�f the adophon of
this ordinance.
2• Such nonconforming use shall not be moved to any other part of the arc
p el of land
CLL-259602v I
BR291-4 2
upon which the same was conducted at the time of the adoption of this ordinance.
3. A nonconforming use of a building existing at the time of adoption of this
ordinance may be extended throughout the build'mg provided no structural
alterations except those required by ordinance, law, or other regulation aze made
therein, and provided that no such extension in the floodway overlay zone shall
result in increased flood damage potential.
Excepted from the structural alteration limitation aze single family dwellings,
located in residential districts other than Rl and R2, provided any structural
altera.tions or additions shall conform with the requirements of the R1 and R2
district, and the Flood Plain regulations as applicable.
4. If a nonconforming use occupies a building and ceases for a continuous period of
two years, any subsequent use of said building shall be in conformity to the use
regulation specified by this ordinance for the district in which such building is
located.
5. Any nonconforming use shall not be continued following 50% destruction of the
building in which it was conducted by flood, fire, wind, earthquake, or explosion,
according to the estimate of the Building Inspector, approved by the City Council,
unless annlication for a buildine bermit is made within 180 davs of when the
nronertv is damaeed. If a buildin� nermit is annlied for. the Citv mav imnose
reasonable conditions upon the buildin� nermit in order to miti�ate anv newlv
created impact on adiacent nronertv.
6. Upon the effective date of this ordinance, where there is a nonconforming use of
land on a parcel with no structure or where three is a nonconforming use of land
(such as storage of equipment and supplies), on which there is a conforming
structure such use shall be terminated within two years following the effective
date of this ordinance.
7. Nonconformine dunlex nronerties in Rl districts shall lose nonconformine use
status and must be brou¢ht into compliance with current code provisions if a two-
vear neriod elapses durine which the owners do not apnlv for a rental dwellins
license or file the certificate reQuired bv Section 12-901,
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j
Section 4. This Ordinance shall become effective after adoption and upon thirty (30)
days following its legal publication.
Adopted this day of 2005.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(LTnderlinine indicates new matter; s#�i indicates deleted material.)
CLL-259602v l 4
BR291-4
MEMO
TO: Tom Bublitz
Brad Hoffinan
Lany Martin�
Ron Warren
CC: Sharon Knutson
FROM: Rebecca Crass
DATE: March 23, 2005
SUBJECT: Amendments to Chapters 12 and 35
On the March 28, 2005 City Council agenda is an ordinance amending Chapters 12 and 35
regarding the licensing or exemption from licensing for two family dwellings. There are several
applications I have on hold pending these changes.
We are scheduled to meet on Wednes
day, Mazch 30 to discuss this further. In anticipation that
this ordinance will eventually become effective, I have prepared a few documents that will be
necessary to administer this portion of the rental license requirements. I hope you will take
some time to review these prior to our meeting so we can make any suggested changes.
Thanks far your input.
Rebecca
City of Brooklyn Center
Rentc►I Licensing
6301 Shingle Creek Pkwy
Brooklyn Center MN 55430 a
March 15, 2005
«First Name» «Last Name»
«Owner Address�
KCity_State_Zip�
RE: Rental_Property_Address»
The Brooklyn Center Building Maintenance and Occupancy Ordinance (Sec 12-901) requires the licensing
and inspection of all rental dwellings on a scheduled biennial basis. There is a provision in the ordinance
regarding the licensing of two family dwellings, which in some cases allows the owner to apply for a Rental
License Exemption Certificate. Section 35-111 aiso states that non-conforming duplex properties in the Rl
district shall lose nonconforming use and must be brought into compliance with current code provisions if a
two year peziod elapses during which the owners do not apply for a license or file the certificate required by
Section 12-901. There is no fee for this certificate and the property is not inspected.
City records indicate that you own, or that you represent the ownership of, a two family dwelling in Brooklyn
Center. If you qualify for the Rental License Exemption Certi�'icate, it is necessary for you to complete the
application form and return it to the city for processing. Your signature at the bottom of the application must
be notarized. You will be required to verify the status of this property every two years when the Certi�cate
renews.
If, however, you do not meet the qualifications for the Rental License Exemption Certificate, you must apply
for the rental lioense, pay the license fee and schedule the required inspection.
Questions regarding the license requirements should be directed to me at 763-569-3330.
Sincerely,
Rebecca Crass
Communiry Development
CITY OF BROOKLYN CENTER
Enclosure
City of Brooklyn Center
Application for a
Rental License Exemption Certificate
Chapter 12-901 of the City Ordinances states:
"An owner of a duplex dwelling that is being occupied but is not being let for lease or rent is
not required to secure a rental dwelling license provided such owner files with the City a certi-
fication, in a form provided by the City, that no rent or any other consideration is being paid,
given or provided, directly or indirectly by or on behalf of the occupants to the owners. The
owner shall provide such additional information in support of such certification as may be re-
quired by the Compliance O�cial.
If you are the owner of a duplex dwelling in the City of Brooklyn Center that qualifies for a
rental license exemption certificate please complete the following and submit to the City:
Date of Application
Address of Duplex
Owner's Name
Owner's Address
Phone Date of Birth
Relationship of Owner to Occupants of Dwelling:
The undersigned hereby applies for a Rental License Exemption Certificate as described in Section
12-901 of the City of Brooklyn Center Ordinances and agrees to notify the City immediately following
change in ownership of the property or a change in status of the property which requires a rental
license.
Notarized Signature of Owner
Subscribed and Sworn to before me this day of 20
County My Commission Expires
Notary Public Signature
Comments:
Certification Renewal Date:
CITY OF BROOKLYN CENTER LICENSE 01002127
City of Brooklyn Center Expiration: 03/21/2007
6301 Shingle Creek Pkwy Pursuant to City Ordinances and
requlations and conditioned upon payment
Brooklyn Center, MN 55430 of the required fee, License is hereby
j: granted for the term and purpose stated.
License Type j
Rental Exempt
i:
k
c
v'�
l'
ii I
`,j�� =M 91_ POST AT LOCATION LICENSED
Cl�']QA�yI NOT TRAN3FERABLE
Mayor City Clerk's Office NOT VALID UNLESS COUNTER3IGI�D
��__.:._ym:��_,{,K�
��k r
CITY OF BROOKLYN CENTER Receipt for License: 01002127
Expiration: 03/21/2007
License Tv�e Units Fee
Rental Exempt 1 0.00 Primary Units: 1
Total: 0.00 Secondary Units: 0
I
I
i
I
Mail To:
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430
City of Brooklyn Center
k 6301 Shingle Creek Pkwy
Renewal Application
Rental License Exemption Certif icate
March 23, 2005
OwnersName»
«Address»
«CityState»
RE: «Rental Address»
Dear Property Owner:
Your Rental License Exemption Certificate will expire on «LicExpDate». City ordinances require that you
verify that you qualify for the license exemption and renew the certificate biennially. There is no fee to renew
the Rental License Exemption Certificate.
Please review the information below and indicate any changes. Sign the form and return it to the City
on or before «ReturnDate».
If there has been a change in ownership of the property, please contact the city.
If there has been a change in status of the property and you do not meet the qualifications for the Rental
License Exemption Certificate, you must apply for the rental license, pay the license fee and schedule the
required inspection.
uestions re ardin the license re uirements should be directed to Rebecca Crass at 763-569-3330.
Q g g q
Renewal Application for Rentnl License Exemption Certif icate
Address of Duplex
Owner's Name
Owner's Address I�
I
I
Phone (s)
Relationship of Owner to Occupants of Dwelling:
The undersigned hereby attests that the above i►eformation is correct and the undersigned meets all qualifcations of Section 12-
901 of the City of Brooklyn Center Ordinances regarding the requirements of a Rental License Exemption Certificat�
Owner's Signature Date
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STLJDY SESSION
MARCH 31, 2005
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m.
ADMINISTER OATH OF OFFICE
Mr. Warren administered the Oath of Office to Sean Rahn.
ROLL CALL
Chair Tim Willson, Commissioners Sean Rahn, Dianne Reem, and Tim Roche were present.
Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald
Warren, and Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck,
Rachel Lund and Rex Newman were absent and excused.
APPROVAL OF MINUTES MARCH 10, 2005
There was a motion by Commissioner Reem, seconded by Commissioner Roche,
to approve the minutes of the Mazch 10, 2005 meeting as submitted. The motion passed.
Commissioner Rahn abstained as he was not present at the meeting.
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concemed in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all fmal
decisions in these matters.
DISCUSSION ITEM DRAFT ORDINANCE AMENDII�JG CHAPTER 35 REGARDING
PERMITTED USES IN THE C1A SERVICE/OFFICE DISTRICT
Mr. Warren stated that the subject being discussed is a draft ordinance amendment regarding
permitted uses in the C1A Service/Office district. Generally, all zoning and sign ardinance
amendments require review and comment by the Planning Commission with respect to those
ordinances, before being submitted to the City Council for consideration.
Mr. Warren explained that the proposed ordinance amendment is directly related to a project that
has been considered for the vacant C1A zone d property located on Eazle Brown Drive adjacent
to the Eazle Brown Heritage Center. For a number of years the City has been concerned about
the potential development of this site and the effect it might have on adjacent and adjoining
properties. The City CounciUEDA has aggressively pursued the development of a hotel on this
site since the time of the Calthorpe Smart Growth Study a number of years ago that
acknowledged the desirability of such a use in this area. The City acquired the property to
control its development and discussions with potential developers have ensued to the point where
3-31-OS
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a development agreement has been concluded between the EDA and Brooklyn Hotel Partners
LLC for a combination hoteUwater park development.
Mr. Warren explained that the C1A district allows a variety of service and office uses with no s
zoning limitations on the height of a building. He added that the district is often referred to as a
high rise service%ffice district as opposed to the C1 district that limits building heights to three
stories. He noted that the hoteUwater park proposed would be consistent with the building height
and bulk characteristics of surrounding properties.
Mr. Warren added that amending the zoning ordinance to allow transient lodging and associated
uses in the C1A zone would allow the use being proposed to take place and maintain consistenc
with the Comprehensive Plan. The developers of the hotel are in a position to move forward and
amending the ordinance would a11ow the hotel development to take place and be consistent with
the city's Comprehensive Plan.
Chair Willson stated the PUD process has helped the city put together developments when
several parcels are involved. Since this is only one parcel, is it correct to assume that this
ordinance amendment would benefit parcels also zoned C1A located in the Opportunity Site and
other locations. Mr. Warren responded that it would allow hotels and associated uses on any
C1A zoned property; however, it would not allow these uses in the C1 zone.
Commissioner Reem inquired about the height of other buildings located throughout the cit
Mr. Warren pointed out the number of stories of various buildmgs in the city. Commissioner
Roche asked about the city's Community Center being in competition with a hotel and water
park. Mr. Warren responded that the two will be different facilities and should not be in
competition since the hotel water park will be for hotel guests only arid not open to the public.
Further discussion ensued regarding the draft ordinance amendment. The Commission posed no
obj ections to the ordinance amendment.
ACTION TO RECpMME1VD AppROVAL nF AN pRDI1��CE AMENDING CHAPTER 35
OF THE CITY ORDINANCES REGA,RDII�JG PERMITTED USES IN THE C 1 A
SERVICE/OFFICE DISTRICT
Commissioner Roche made a motion, seconded by Commissioner Rahn to recommend to the
City Council an Ordinance Amending Chapter 35 of the City Ordinances Regardin Pemutted
Uses in the C1A Service/Office District. g
Voting in favor: Chair Willson, Commissioners Rahn, Reem and Roche. The motion
passed unanimously.
DISCUSSION ITEM DRAFT pRDI1�JAIVCE AMEI�IDING CHAPTER 35 RELATING TO
RENTAL DWELLINGS AND NpN-CONFORMING USES
�'I�'• Warren explained that this ordinance amendment was on the City Council's agenda and they
referred the amendment to Chapter 12 to the Housing Commission for review and comment and
the amendment to Chapter 35 to the Planning Commission for review and comment. Mr. Warren
directed the Commission to Chapter 35-111, Subdivision 5& 7, regarding nonconforming uses.
3-31-OS
Page 2
He explained what constitutes a nonconforming use and how a property can be `grandfathered'
in creating a non-conforming use following a zoning change. Mr. Warren noted that the
language that is to be added to Subdivision 5 is a mandated change by the State Legislature.
This allows an exception to the prohibition for rebuilding following 50% destruction of a
nonconforming use provided a building permit to rebuild is applied for within 180 days of when
the property is damaged. The City Attorney has advised that this language should be added to
the Zoning Ordinance.
Mr. Warren explained that the proposed Subdivision 7 is new language that would acknowledge
that a nonconforming duplex in an Rl zone would lose its status if no rental license or
certification is filed for a two year period.
Commissioner Rahn inquired if a non-conforming property were destroyed by more than 50
percent, would an owner be allowed to build a structure that is substantially larger that what
existed prior to its destruction. Mr. Warren responded that generally the original foofiprint must
be used and it cannot be altered, enlarged or rebuilt when a non-conforming use is destroyed.
Mr. Warren further explained Chapter 35-111, Subdivision 7 regarding rental license
requirements of nonconforming uses, specifically two family homes in the Rl (One Family
Dwelling) zone. He explained the history of tracking and establishing non-conforming two
family homes when they exist in the R-1 zone.
The Commission further discussed the ordinance amendment and asked about city requirements
for licensing of single family homes. Mr. Warren briefly explained how the rental license
program is administered and what is required of a homeowner of a two family home when it is
not actually being used as rental. He further explained the proposed amendment to Chapter 12
regarding certification of two family homes which would create an exemption from licensing
requirements.
Further discussion ensued regarding the draft ordinance amendment. The Commission posed no
objections to the ordinance amendment.
ACTION TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 35
OF THE CITY ORDINANCES REGARDING NON-CONFORMING DUPLEX PROPERTIES
IN THE R1 ZONIlVG DISTRICT.
Commissioner Reem made a motion, seconded by Commissioner Rahn to recommend to the City
Council an Ordinance Amending Chapter 35 of the City Ordinances Regarding Non-Confornung
Duplex Properties in the R-1 Zoning District.
Voting in favor: Chair Willson, Commissioners Rahn, Reem and Roche. The motion
passed unanimously
OTHER BUSINESS
Chair Willson reminded the Commission that the next meetings of the Opportunity Site Task
Force will be Apri16 and April 13, 2005.
3-31-OS
Page 3
Mr. Warren stated that there will be two business items for the April 14, 2005, Planning
Commission meeting.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Reem, seconded by Commissioner Roche, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:58 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
3-31-OS
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