CR 10-005 Demolition of Residential PropertyJanuary 14, 2010 NOPKINS Council Report 2010 -005
DEMOLITION OF RESIDENTIAL PROPERTY
Proposed Action
Staff recommends adoption of the following motion: Move to approve Ordinance No.
2010 -1013 amending section 420.01 of the Hopkins City Code related to demolition of
homes in residential zoned districts.
With this motion, the item will be scheduled for a second reading on February 2, 2010.
Overview
In October of 2009, the City of Hopkins enacted a interim ordinance prohibiting the
demolition of single - family homes. The purpose of the moratorium was to give the City
time to review the existing institutional ordinance for possible amendments before any
single - family homes were removed.
After studying the current zoning ordinance and demolition permitting requirements, the
City Attorney is recommending an amendment to section 420.01 of the Hopkins City
Code. The intent of the amendment is to ensure that when a single - family home is
demolished, that a new home be constructed in its place.
The preservation of single - family homes has long been a goal of the City of Hopkins, as
identified in the City's Comprehensive Plan and numerous other planning documents.
The proposed amendment will help assure the City maintains the single family housing
stock.
Primary Issues to Consider
e What are the specifics of the ordinance amendment?
Supporting Information
e Ordinance 2010 -1013
Kerste Elverum -
Dire or of Planning & Development
Financial Impact: $_0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2010 -005
Page 2
Analysis of the Issues:
• What are the specifics of the ordinance amendment?
The majority of the requirements for a demolition permit are currently part of the
permitting process, although not detailed in the current ordinance. New requirements
are the agreement to construct and complete a new residential structure in accordance
with a building permit (and items required as part of that process) and to post security
with the city equal to 10% of the cost of the home to be constructed.
Alternatives:
The Hopkins City Council has the following alternatives regarding this issue:
• Approve the ordinance amendment for first reading.
• Amend the ordinance amendment.
• Elect not to consider the ordinance amendment at this time.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2010 -1013
AN ORDINANCE AMENDING SECTION 420.01 OF THE HOPKINS CITY CODE
RELATED TO DEMOLITION OF HOMES IN RESIDENTIAL ZONED DISTRICTS
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.
As part of the "Residential Neighborhoods" section of the Comprehensive Plan, the
following is highlighted:
[O]ne of Hopkins' greatest assets is its neighborhoods
of single - family homes, which ... give Hopkins its character and
cohesiveness.... [R]edevelopment may threaten existing
single - family homes. The City needs to consider means to
restrict the loss of single - family housing.
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, and the current 2009 version of the Comprehensive
Plan, 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.
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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)."
1.05 The City Council finds that 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 has reviewed 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 The City Council finds that demolition of an existing single family home in a residential
zoning district without replacement with a new single family home is not in accordance with
the City's Comprehensive Plan
Section 2. Repeal and Replacement of Section 420.01
2.01 The above Findings are hereby adopted and Section 420.01, dated , is repealed
in its entirety and replaced with the following, which is hereby adopted:
420.01. Demolition Permit reauired.
(a) No person, firm or corporation shall demolish any building or
other structure in the city without first obtaining a building
permit to do so as provided in the State Building Code.
(b) No building permit shall be issued for the demolition of any
structure containing a dwelling unit in any R -1 -A, R -1 -B, R -1 -C, R-
1-D, or R -1 -E zoning district until the permit applicant has
complied with the following:
(1) The Applicant must submit an approved building permit
application for the construction of a replacement structure
containing one or more dwelling units including:
(i) Four full -size site plans drawn to scale showing
all existing buildings that will be demolished with
setback distances to property lines and streets.
(ii) MPCA approval and permits (if applicable).
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(iii)Watershed District Approval and Permit (if
cable) .
(iv) Two copies of floor plans for the existing
buildings for SAC credit determination.
(v) Two copies of Soil Erosion Control Plan.
(vi) Two copies of De- watering disposal and discharge
plans and permits (if applicable).
(vii) Two sets of Grading Plans.
(viii) Two sets of shoring plans (if applicable).
(ix) Two copies of dust control plan.
(x) Two copies of existing sewer and water termination
Tans.
(xi) Two copies of soil tests.
(xii) Two copies of Hazardous Material Survey and removal
plans for contamin soil, lead paint, asbestos,
fluorescent lamps, and PCB ballasts (if
applicable).
(2) Applicant must obtain all necessary Zoning Approvals for
replacement structure prior to application for demolition
permit.
(3) As part of the permit application, Applicant shall agree
to constr and complete the new residential structure in
accordance with the separate building permit issued for
such construction.
(4) Applicant must post security with the City in the form of
cash escrow or an irrevocable letter of credit to ensure
timely and complete demolition and restoration of the site
in an amount equal to 10% of the cost of the improvement,
as stated in the building permit application or otherwise
reasonably determined by City Staff. The security shall
bear no interest and shall be released only on issuance of
an occupancy certificate for the improvements as detailed
in the building permit application.
(5) Any other requirement mandated or imposed by local,
state, or federal law, or otherwise reasonably required by
City Staff.
(c) Failure to comply with the provisions of this section is a
misdemeanor.
(d) Exceptions:
1) Buildings or structures exempt from permits by the
building code are exempt from permit requirements for
demolition.
2) The City of Hopkins ( "City "), the Housing and
Redevelopment Authority in and for the City of Hopkins
(the "HRA "), those acting at their direction are exempt
from the requirements of this section.
3) Demolition performed in accordance with the terms of an
approved Development Agreement with the City or the HRA
is exempt from the requirements of Section 420.01(b),
above.
(Section 420.01 Amended by Ord 2001 -856, July 2001; Ord 2010 -
2010)
Section 3. Repeal of Ordinance No. 09 -1007
The above Findings are hereby adopted and Ordinance No. 09 -1007, published October 29, 2009 is
hereby repealed.
Section 4. Effective Date
This Ordinance shall be effective on publication.
First reading:
Second reading:
Date of Publication:
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obennaier, City Clerk
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