CR 98-195 Interim Ordinance Moratorium
CITY OF
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December 1, 1998 HOPK\NS Council Report 98-195
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INTERIM ORDINANCE MORA TORllJM ON
DEMOLITION OF SINGLE FAMILY HOMES
ProDosed Action
Staff recommends approval of the following motion: Approve first reading of Ordinance 98-821 ,
an interim ordinance for the purpose of protecting the planning process and the health, safety, and
welfare of City residents and regulating and restricting the demolition or removal of single family
residential buildings and structures within the City of Hopkins.
Overview
In previous discussions and planning documents, the City Council has identified a goal of
preserving the existing single family housing stock within the City. Recently there have been
some concerns expressed to staff as to whether the existing permitting process and regulations
within the City concerning the removal of single family housing actually does help to foster this
goal.
The action under consideration with this item would involve establishing an interim moratorium
. on the issuance of permits for demolition of single homes, except in certain circumstances as
identified within the ordinance. The moratorium would remain in effect for up to one year and
could be extended for an additional six months. During this time, a study would be undertaken to
determine any revisions to the City's rules and regulations regarding removal of single family
homes so as to meet the goals and objectives that have been identified by the City Council.
The second reading ofthis item, if approved by the Council, would be scheduled for December
15, 1998. The actual ordinance would go into effect 20 days after publication in the official
newspaper.
Primary Issue to Consider
o What exceptions would be allowed under this ordinance?
SUPDortine Documents
. Ordinance 98-821
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James D. Kenigan
Planning & Econo c Development Director
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. Council Report 98-195
Page 2
Primary Issue to Consider
0 What exceptions would be allowed under this ordinance?
If approved, the ordinance would still allow for the removal of single family homes if they
met the following criteria: (See Section 3.01 of the ordinance.)
. Removal is being undertaken to construct a new single family home
. A single family structure is detennined to be substandard
. The structure is located within the redevelopment project and there is an approved
agreement to proceed forward with a development/redevelopment project
Alternatives
The City Council has the following alternatives regarding this matter:
. 1. Approve the action as recommended by staff With this action, a second reading will be
scheduled.
2. Continue for additional information. With this action, the Council needs to be aware that
if there were an application for demolition of a single family structure in the immediate
future, there would be no basis for City denial.
3. Do not undertake a moratorium ordinance. With this action, there could still be direction
provided to staff to proceed with analysis of this matter and return to the Council at a
future date.
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. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 98-821
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE
PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF
CITY RESIDENTS; AND REGULATING AND RESTRICTING THE
DEMOLITION OR REMOVAL OF SINGLE FAMILY RESIDENTIAL
BUILDINGS AND STRUCTURES WITHIN THE CITY OF HOPKINS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Background and Findings.
1.01 As part of the "Residential Neighborhood Policies" included in the Comprehensive Plan of
the City of Hopkins, the City and the City Council have adopted and approved the following
policies:
The City will work to assure strong and well maintained neighborhoods in
. order to foster an overall positive economic development climate in Hopkins.
The City will work to provide an overall mixture of residential land use in the
City.
The City will work to correct the disproportional amount of multiple family
land uses within the City.
1.02 Consistent with the Residential Neighborhood Policies stated in the City's Comprehensive
Plan, the City Council, as part of the two-year action plan for the Metropolitan Livable
Communities Act, adopted June 4, 1996, has placed particular importance on preserving all
existing single family housing within the City.
1.03 Further, as part of the City of Hopkins Strategic Plan for Economic Development, the City
Council of the City has established a high priority on the maintenance of owner-occupied
housing.
1.04 The City of Hopkins 1992 Housing Analysis Report (based on 1990 Census data), as adopted
September 9, 1992, included the following finding: "Hopkins has a much lower percentage
of single family homes than the average for Hennepin County (30 percent in Hopkins
compared to an average of 55 percent in Hennepin County)."
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. 1.05 The City Council believes the conditions identified in the City of Hopkins 1992 Housing
Analysis Report continue to exist. Specifically, the City Council believes that single family
residential use within the City constitutes a much lower percentage of overall residential use
than the average for all of Hennepin County.
1.06 Consistent with the policies and goals stated in the City's Comprehensive Plan, Two-Year
Action Plan and Strategic Plan for Economic Development, and in order to assist in
achieving the City's goal of preserving single family residential housing within the City, the
City Council believes it is prudent to review the City's Ordinances, Regulations and Official
Controls relating to the demolition or removal of single family residential structures located
within the City.
1.07 There is a need for a study to be conducted so that the City Council can determine whether
it is necessary to amepd the City's existing Ordinances, Regulations and Official Controls
or adopt new Ordinances relating to and regulating the demolition or removal of single
family residential structures and buildings located within the City.
1.08 Minnesota Statutes, Section 462.355, Subd. 4, allows the City of Hopkins to adopt this
Interim Ordinance to protect the planning process. The City Council finds that adoption of
this Interim Ordinance will protect the planning process and the health, safety and welfare
of its citizens while the study provided for in this Ordinance is being conducted.
. Section 2. Planning Study.
2.01 A study shall be conducted by City staff to determine how and to what extent the demolition
or removal of single family residential structures and buildings located within the City of
Hopkins should be regulated or restricted. The scope of the study should include, but should
not be limited to, the following matters:
A. The malll1er in which such demolition or removal should be restricted or regulated
in order to serve or accomplish the policies and goals stated in the City's
Comprehensive Plan, Two-Year Action Plan and Strategic Plan for Economic
Development.
B. The manner in which such demolition or removal should be restricted or regulated
in order to achieve the City's goal of preserving existing single family residential
housing stock and increasing single family residential use as a percent of overall
residential use within the City.
C. The need, if any, for modifications to the City's Ordinances, Regulations and Official
Controls in order to assist in achieving the City's policies and goals relative to the
preservation of single family housing within the City.
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. 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.
3.01 Except as expressly permitted by Subparagraphs A, Band C of this Paragraph 3.01, a
moratorium on the demolition or removal of any single family building or structure located
within the City of Hopkins, MilUlesota, is hereby adopted for the purpose of protecting the
planning process pending completion of the study authorized by this Ordinance and the
adoption of any modifications to the City's Ordinances, Regulations and Official Controls.
No license or permit shall be issued for the demolition or removal of any single family
residential building or structure within the City of Hopkins during the term of this Interim
Ordinance, except as expressly permitted by Subparagraphs A, B and C of this Paragraph
3.01. This Interim Ordinance and the moratorium imposed by this Interim Ordinance 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 Council. The term of this Interim Ordinance and the moratorium imposed hereby
may be extended for a reasonable period of time by Ordinance as may be necessary to
complete the study authorized hereby and to adopt any necessary modifications to the City's
Ordinances, Regulations and Official Controls. The moratorium established by this Interim
. Ordinance shall not apply to the following, which shall continue to be permitted during the
term of this Interim Ordinance, but subject to all other Ordinances, Statutes, Regulations and
Official Controls presently or hereafter in effect:
A. The demolition or removal of a single family residential structure or building for the
sole purpose of replacing the demolished or removed struchlre or building with
another single family residential structure or building. Each applicant for a permit
qualifying under this exception shall certify, in writing, to the City's building
officials, at the time of permit issuance, that the building or structure to be
demolished or removed is to be replaced with another single family residential
building or structure.
B. The demolition or removal of single family residential structures or buildings as
required in cOlUlection with demolition activities undertaken pursuant to an
agreement to which the Housing and Redevelopment Authority in and for the City
of Hopkins is a party, which demolition activities are to be conducted within a
Redevelopment Project established under MilUlesota Statutes, Sections 469.001
through 469.047.
C. The demolition or removal of any single family residential building or structure that
is determined to be a "hazardous building", as defmed in Minnesota Statutes, Section
. 463.15, Subd. 3, pursuant to an order issued by a building official of the City or a
Court of competent jurisdiction.
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. Section 4. Enforcement.
The City may enforce the provisions oftms Interim 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 Court of competent jurisdiction.
Section 5. Severability.
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid or
unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section,
provision or part of this Interim Ordinance.
Section 6. Effective Date.
This Interim Ordinance shall be effective twenty days after its publication.
First reading:
. Second reading:
Date of Publication:
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
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