CR 10-016 Demolition of Residential Propertyy0PKIN
January 28, 2010 Council Report 2010 -016
DEMOLITION OF RESIDENTIAL PROPERTY
Proposed Action
Staff recommends adoption of the following motion: Move to approve for second
reading Ordinance No. 2010 -1013 adopting section 513.01 of the Hopkins City Code
related to demolition of homes in residential zoned districts.
With this motion, the ordinance amendment will be published.
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 adoption of section 513.01 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
• What are changes in the proposed ordinance amendment since the first
reading?
Supporting Information
• Ordinance 2010 -101
Kersten verum
Direct of Planning & Development
Financial Impact: $_0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2010 -016
Page 2
Analysis of the Issues:
• What are changes in the proposed ordinance amendment since the first
reading?
The following are the changes made to the proposed ordinance based on Council
discussion and staff recommendations:
• Specified the civil penalty amount of $2000 /day for a violation of the ordinance,
including both failure to obtain a demolition permit and failure to perform on the
building permit.
• Deleted requirement of cash or a letter of credit to be posted at the time of
issuance of the demolition permit
• Added the statement that the applicant will be in violation of the ordinance if the
building permit for the new residence expires before a Certificate of Occupancy is
issued
• Moved the proposed ordinance to Section 513 of the Hopkins City Code. Section
513 relates to planning functions, and because the requirements of the proposed
code amendment relate to planning goals for the City, the City Attorney
recommended this change.
The enforcement of the civil penalties is at the discretion of the administrating entity
based on the situation, and can be imposed for each day the violation exists. The civil
penalty provision replaces the 10% security requirement included in the first reading of
the ordinance. This change is recommended as to not penalize those who intend, and
work in good faith, to build a replacement home.
Alternatives:
The Hopkins City Council has the following alternatives regarding this issue:
• Approve the ordinance amendment for second 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 ADOPTING SECTION 513.01 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 City Staff has performed a planning study, as required by Interim Ordinance No. 09 -1007,
and has determined 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
objectives and goals of the City's Comprehensive Plan. The City Council adopts these
findings.
Section 2. Adoption of Section 513
2.01 The above Findings are hereby adopted and Section 513 is adopted, pursuant to the City's
zoning and planning authority:
Section 513 - Demolition of Dwellinq Units.
513.01. Demolition Permits in R -Zoned Districts
(a) No 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.
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(ii) MPCA approval and permits (if applicable).
(iii)Watershed District Approval and Permit (if
applicable).
(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
plans.
(xi) Two copies of soil tests.
(xii) Two copies of Hazardous Material Survey and removal
plans for contaminated 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 construct and complete the new residential structure in
accordance with the separate building permit issued for
such construction. If the separate building permit issued
for construction of the new residential structure is
revoked, terminates or expires before issuance of an
occupancy certificate for such new residential structure,
the Applicant shall be in violation of this Ordinance and
subject to the penalties specified in paragraph (b).
(4) Any other requirement mandated or imposed by local,
state, or federal law, or otherwise reasonably required by
City Staff.
(b) Failure to comply with the provisions of this section is a
misdemeanor and is also subject to enforcement and penalties under
the Administrative Citations provisions set forth in Section 355.
The civil penalty for violation of this section under Section
355.05 is established as $2,000.00. This civil penalty is subject
to adjustment by the City Council pursuant to the provisions of
Section 355.
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(c) 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 ") , and 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 this.
4) An applicant seeking to demolish two structures
containing dwelling units on separate adjoining lots need
only submit an approved building permit application for
the construction of a single replacement structure
containing one or more dwelling units, provided the
applicant has obtained prior approval for the combination
of the two lots in accordance with the provisions of the
City's Code of Ordinances.
5) This Section shall not apply to demolitions conducted
pursuant to Minnesota Statutes Sections 463.15 to 463.26.
(d) The provisions and requirements of this Section are in
addition to those stated in Section 420, all of which shall
continue to be applicable to the demolition of dwelling units.
Section 3. Reveal 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: January 19, 2010
Second reading:
Date of Publication:
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Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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