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CR 2004-032 Zoning Ordinance Amendment ,,' - t ( c\ T Y 0 f: \, '~ HOPKINS ' . February 25, 2004 Collncil Report 04-32 ZONING ORDINANCE AMENDMENT, Proposed ActiOn. Staff recommends the, following 'motiort:Movetoadopt Resolution 04-15, approving Ordinance 04-916, amending Section 520.05' regarding existing lots with less than the 'ffiinimumrequirements in TheR-l~A zoning district. ' ' At the Zoning and Planning meeting, Ms. Halverson moved and Mr. Kjos seconded at, motion to adopt ResolutionRZ()4-4;' recommending "approval ,of" Ordil1am~e 04-916,' ," ameriding Section 520.05 regarding existing lots withless thantheminimllm requirements in the R-l-A zoning district. The motion was approved unanimously; , ' Overview. ' " ,',. " A moratorium on the construction' of structures on lots less than 40 feet became effective on , June 12. This: moratorium was put' in place to give the City'Council time to review the current ordinances. In thepast year, there have been several building permits issued to construct single-family homes on lots less than 40 feet in width; This creates a challenge for the builder because of the setbacks: on a narrow lot. Variances have been requested on the , ' ' " 'side yard 'setbacks. ." Ata'~orksession in December the City COuhc~l discu~sed t,his issue and gave ,d, irection to , the CIty Attorney" and staff to amend the zomng ordmance. Attached" are the proposed amendments. ,,'. · " " , Primary Issues to Consider. " . What does the existing ordinance allow? . What are the proposed amendments? ',' , ' . What was the discussion at the Zoning and Planning meeting? .Supportinl! Documents. . " Analysis oflssues . Map'that indicates lots, in the City 40 feet or less. '. Resolution 04-15 ,. Ordinance 04-916 Nanc . Anderson; AICP Planner Financial Impact: $ N/ A' Budgeted: Y IN _ Source: . ' Relat~d Documents (CIP, ERP, etc.): Notes.. ' , " . CR04~32 Page 2 .p Primary Issues to Consider. . What does the existing ordinance allow? Currently the zoning ordinance allows a lot of .record that does riot meet the minimum requirerrients ,of the ordinance in that zoning district to have a single-family home constructed jf the lot is 2/3 of the minimum requirements. In theR"l- A zoning district, the minh}1um lotwidth is 50 feet. ,This clause allows lotsof33.5feet to have a single-family home constructed in the R~l~A zoning district. This clause applies to all theR-l zoning districts. .For R-l districts that have a larger minimuIl1. width, the 2/3iequirernent will; of course, result in a larger lot on which to build " . What are the proposed amendments? Subd: 97. Lot: means a designated parcel ofland delineated upon and thereafterdesoribed by reference to a separately established and' described by plat, subdivision, registered land , surveyor auditor's subdivision, or other..similar recorded dedicatory document. as otherWise permitted bylaw. "Lot" also means arid refers to ariy single parcel oflandthat is assigned an individual property identification number for real estate taxation Ptlrposes.(AmendedOrd. No. 94-742) (Amended Ord. No. 2000-833) (Amended9rd. No. 2004-916) . Subd. 106. Lot of record: part of a recorded platted ,subdivision, or parcel ofland the deed to \vhlchwas recorded means a lot, the legal description of which was lawfully established prior to August 11, 1966 in the office of the HennepinCountyrecorde,ror registrar of titles, and which has lot lines identical to those described as of August 11. 1966. (AmendedOrd. No. 2004-916) 520.05. Lot provisions. Subdivision!. Grandfather. Alot of record locatedintheR-2, R-3, R-4, R-5 or R-6districts which does not meet the minimum requirements set .forth in this code as to area, and dimensions lot width for the district in which it is located~ may be used fora single family detached dwelling provided that the width of such lotis not less than 40 feet and" said 16t contains is at Ieast 5,000 square feet in area and otherwise meets the , requirements of this code. If such' A lot of record located is inthe R' 1 A, R -1- n, ,R -l-C or R-I-D districts,.-it which does not meet the minimum area or lot width requirements of this code may be utilized,used fora single family detached dwelling provided the area and width of said lot is are not less than two-thirds of the minimums requirements required for such use in the district within in which such lot is located and the lot othervVise meets .the requirements ofthis code. A lot of record located in the R-l..E district~ which does not meet the minimum area requirements of this code may be utilized used for a single family detached dwelling provided .the area of said lot is not less than one-half of the minimum requirements for such use in the R-I-E district~ within \vhich such lot is located and the lot otherwise meets the requirements of this code. A lot of record located in the R-I-A districts which does not meet the'minimum area or lot width requirements of this code may be used for a single family . detached dwelling provided the width of such lot is notless . than 40 feet, the. area of such loti is not less than 2/3 of the minimum area required in the R-l.,.Adistricts and the lot otherwise , " s - 1 CR04-32 Page 3" . meets the requirements ef this cede.. In additien, 'a letaf recerd located in the R-I-A districts which dees nat meet the minimum area er let width requirements af this cadeand has no. I building lecated an it as'afMarch 25, 2004, may be used fer a single family detached dwelling previded: a) such let isnatless than 35 feet in width, b )the area afsuch lat is net I less than 2/3 af the minimum areareQuired iii the R.I-A districts; c) the let atherwisemeets . the requirements af the cade, and d) censtructien af a' single fal11ilydetached' dwelling an such lat will nat cause any cantigueus lat ar any structure lecated therean to fail to. meet the requirementsofthis code; (Amended Ord.Ne.S7 -572.and Ord. No;q4~916) , ' . . -, . The prepased amendment will allawan existing vacant lat in theK.I-Azaning district that is vacant and no. less than 35 feetiri width,natless than 2/3 afthemiilimumarea, and is nat used as a setback far acantiguaus let to. be buildable. This will natallew a heme, or hames to. be razed en 35-fo.et lets and several h.emes then censtructed en theselats. This erdinance dees net prohibit 40.:feet lets in the R-l.;A district to. be unbuildable. .', . Wbat was the discussion at.the Zoning an,~Planning meeting?, Ms. Andersen reviewed !he J;1istery ef the meraterium and the prepesed amendments. No. ene appeared at the public hearing.' ' , Alternatives. .. 1. Apprevethe amendments to. the zening erdinance. By apprevingtheamendments to. the zening erdinance, lets less that 40 feet in width with improvements will net be. allawed to. be razed. 2. Deny ef the amendments to ,the zaning 'erdinance., By denying the amendments to the zening erdinance, the zening erdinance will net be: amended~: ,If the Planning Cammission censiders thi~ alteniative,findings will have to. be identified that suppert this alternative. " .. .. " " , .. ' 3.Centinuefor further infennatien. If the City Ceuncil indicates that further infermatien is ' needed, the item shauld be centinued. . ".l' .... i CITY OF HOPKINS . Hennepin County, Minnesota ' RESOLUTION NO: 04-15 RESOLUTION MAKING FINDINGS OF FACT AND , RECOMMENDING APPROV ALOF V MIOUS ORDINANCE AMENDMENTS " WHE~AS, an application" for, Zoning Amendments ZN04-1has been ulade by the City of Hopkins; WHEREAS, the procedural historY of the application is as follows: 1. " That an application for zoning amendmtmtswas made,by the City of Hopkins;, 2. That the HOpkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on February 24, 2004: all persons present were given an opportunity to be heard; , ' 3. That'the written c?ln:mentsand analysis of City staff were considered. . NOW, THEREFORE, BE IT RESOLVED that the application forZoning.Amendments ZN04-4 is hereby approval based on the following Findings of Fact: 1. That thepropos'edamendtnents protect the hea1th>saf~ty, and welfare of the community. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk . - " . ~ . CITY OF HOPKINS !-" Hennepin County~ Minnesota ' " ORDINANCE NO. 2004-916 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN, AS FOLLOWS: The Ordinance Code of the CityofHopkins is hereby amended by amending the following ,sections: Subd. 97. Lot: means a designated parcel of land' delineated upon and thereafter desoribedby reference to a separately established and described by plat, subdivision, registered land surveyor auditor's subdivision, or other similar reoorded dedioatory dooument. as otherwise permitted by " law. "Lot" also means and refers to any single parcel of land that is assigned anindividual property identification number for real estate taxation purposes. (Amended Ord. No. 94-742) (Amended Ord~ No. 2000-833) (Amended Ord. No. 2004-916) " " ,Subd. 106. Lot of record: part' of a recorded platted subdivision, or parcel of land the deed to V/hich "'as recorded means a lot, the legal description of which was lawfully established prior to August 11, 1966, in the office of the Hennepin County recorder or registrar of titles, and , ." ,whichhaslot lines identic alto those described as of August 11, 1966. (Amended Ord. No. 2004- 916) ", 520.05. Lot provisions. Subdivision I. Grandfather. A lot of record located in the R-2,R-3; R- 4, R-5 or R-6 districts which does not meet the minimum requirements setforthirtthis code as to area and 'dimensions lot. width for the district in which, it is located; may' be used. for a single family detached dwelling provided that tp.e widthof such lot is not less ,tha.n40feet afJ:€l"said lot I contains is at least 5,000 square feet inarea and otherwise meets the requirements of this code. Irsuch A lot of record located is in theR 1 .^.., R-l::.B, R~I-C or R-l-D districts,.-H which does not meet the minimum area or lot width requirements of this code may be utilized used for a single family detached dwelling provided the area and width of said lot is are not less than two- thirds of the minimum~ requirements required for such use in the district within in which such lot is located and the lot otherwise meets the requirements of this code. A lot of record located in the R-I-E district~ which does not meetthe minimum area re,quirements of this code may be utilized used for a single family detached dwelling provided the area of said lot is not less than one-half ofthe minimum requirements for, such use in the R.:r.:E district2 within which such lot is located and the lot otherwise meets the requirements of this code. A lot of record located in the R-1-A districts which does not meet the minimum area or lot width requirements of this code may be used for a single family detached dwelling provided the width of such lot is not less I than 40 feet, the area of such lot is not less than 2/3 of the minimum area required in the R-l-A districts and the lot otherwise' meets the.requirements of this code. lhaddition, a lot of record . located in the R-l-A districts which does not meet the minimum area or lot width requirements I of this code and has no building located on it as of March 25, 2004, may be used for a single .;' ~, ~ , . 'family detached dwelling provided: a) such lot is not less than 35 feet in width, b) the area of ,I , such lot is not less than 2/3 ,of the minimum area required in the R-l~A districts, c)the lot otherwise meets the, requirements of the code, and' d) construction of a single family detached , dwelling on such lot will not cause any contiguous lot or any structure located thereon to fail to meet the requirements of this code. (Ain:ended brd. No. 87:: 572 and Ord.No. 04~916) First Reading: "March 3, 2004' Second Reading: March 16, 2004 Date of Publication: March 25,2004 Date Ordinance Takes Effect: March 25, 2004 ATTEST: ~ugene J. Maxwell; Mayor " Terry Obermaier, City Clerk . APPROVED AS TO FORM AND LEGALITY: City Attomey Signature Date c:hopciv\Ordinance520,05 . "