2003-904
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2003-904
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS;
AND REGULATING CONSTRUCTION OF STRUCTURES ON LOTS OF LESS THAN
40 FEET IN R-1-A AND R-1-B ZONING DISTRICTS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Background and Findin2s:
1.01 At the October 15, 2002 City Council meeting, the City Council denied request for a
sideyard variance to construct a home on a 35-foot lot in the R-I-A zoning district. The
City council adopted the following findings as the basis of that denial:
1. That the property does not have a hardship for the granting of the
vanance.
1.02 Subsequently, a review of the zoning regulations applicable to residential lots less than 40
feet wide in the R-l-A and R-l-B zoning districts revealed a need for clarification of the
manner in which such zoning regulations might apply to said lots, including cun-ently
vacant lots, currently occupied lots and structures currently located on parts of two such
lots adjacent to each other, among other circUl11stances.
1.03 The City staff was directed to prepare all interim ordinance placing a moratorium on the
constmction of all stmctures, other than additions to existing stmctures, on all lots less
than 40-feet wide in the R-I-A and R-I-B zoning districts within the City of Hopkins.
1.04 There is a need for a study to be conducted so the City Council can detennine whether it
is necessary to amend the City's existing Ordinances, Regulations and Official Controls
or to adopt new ordinances relating to the c'onstruction of stmctures on all lots less than
40-feet wide in the R-l-A alld R-l-B zoning districts within the City of Hopkins.
1.05 Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this
Interim Ordinance to protect the planrIing process. The City Council finds that adoption
of this Interim Ordinance will protect the planning process and the health, safety and
welfare of it citizens while the study provided for in this Ordinance is being conducted.
Section 2. Plannin2 Study.
2.01 The City staff shall conduct the research and planning study. This study shall determine
if there should be amendments or other modifications to the Hopkins zoning ordinances,
Regulations or Official Controls regarding the construction of stmctures on all lots less
than 40-feet wide within the R-l-A alld R-I-B zoning districts within the City.
2.02 Upon completion of the study, the study shall be submitted by staff to the City Council
for its review and consideration of any modifications to the existing Ordinances,
Regulations and Official Controls of the City.
Section 3. Moratorium
A moratorium is hereby adopted on the construction of structures, other than additions to CUlTent
struchrres on all lots less than 40-feet wide within the R-I-A and R-l-B zoning distIicts in the
City of Hopkins for the purpose at protecting the planning process pending completion. The
Interim Ordinance and the moratorium imposed by this Interim Ordinallce shall remain in effect
until the date that is one year after the effective date of this Interim Ordinance, or such earlier
date as may hereafter be established by an Ordinance duly adopted by the City COlmcil. The
teIm of this Interim Ordinance and the moratorium imposed hereby may be extended for
additional periods of time not to exceed 18 months by Resolution duty adopted by the City
Council in order to complete the study authorized hereby and to adopt any necessary
modifications to the City's Ordinance, Regulations and Official Controls.
Section 4. Enforcement.
The City may enforce the provision of this hlterim Ordinance or enjoin any violation thereof by
mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable
remedy, including, but not limited to, remedies and enforcement procedures provided in the
statutes of the State of Minnesota or Ordinances of the City of Hopkins, in any COUli of
competent jurisdiction.
Section 5. Severability.
Every section, provision or part of this Interim Ordinance is declared severable fi-om every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid
unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section,
provision or part if this Interim Ordinance.
Section 6. Effective Date.
This Interim Ordinance shall be effective upon its publication.
First Reading:
May 27,2003
Second Reading:
June 3, 2003
Date of Publication:
June 12,2003
Date Ordinallce Takes Effect:
June 12, 2003
&-/~
Eug e J. axwell, Mayor
~
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date