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Request for Ordinance Change• • September 21, 1987 Planning Commission Report REQUEST FOR ORDINANCE CHANGE PURPOSE: To review and recommend action on a request for an ordinance change. BACKGROUND: Mr. Rockford is requesting that the Commission consider changing the size of efficiency apartment's square footage from 520 to 450. Mr. Rockford is a general partner that owns the Knollwood Apartments at 1210 and 1220 Cambridge Street. Currently there are 22 efficiency apartments that are 450 square feet. The ordinance requires a minimum of 520 square feet for efficiency apartments. These apartment buildings are legal non- conforming buildings and are grandfathered under Section 520.03. If the buildings are destroyed 50% or more, they would have to conform with the existing Zoning Ordinance. Mr. Rockford is requesting this because he wants to re- finance the apartments. His lender is hesitant to re- finance non - conforming buildings. ANALYSIS: Mr. Rockford's situation is not unique. Many of the buildings in Hopkins are legal non - conforming for various reasons. We have not had this problem with any other legal non - conforming buildings. It is common practice that a mortgage company requests a letter stating that a building is legal non- conforming for re- financing. Our property owners seem to have no problem with re- financing. Mr. Rockford could rebuild the apartments. The use is allowed in that district; however the units would have to be made larger. I have checked with what other communities require for size of units. Our requirements for square footage are similar or somewhat less. Another option for Mr. Rockford would be to designate the smaller units as elderly units. The minimum size for elderly units is 420 square feet. No. • • The staff is very apprehensive about changing the ordinance to deal with one individuals problem. If this problem was more widespread, a change might be appropriate. Other property owners seem to have no problem re- financing legal non - conforming buildings in Hopkins. In looking at other city's ordinances, our unit sizes are in many cases smaller than the other cities. If the Commission recommends a change, this would set a precedent. Nothing would prevent someone coming in next month wanting an ordinance change to make their building conforming. I have discussed this matter with the City Attorney. He also agrees for the above reasons that the ordinance not be changed in this situation. RECOMMENDATION: I recommend that the ordinance not be amended. Respectfully submitted, airtmoY1 Nancy .Anderson Community Development Analyst ROCKFORD, INC. 5009 EXCELSIOR BLVD., SUITE 152 September 9, 1987 • MINNEAPOLIS, MINNESOTA 55416 PHONE: 929-5154 City of Hopkins Zoning & Planning Commission 1010 1st Street So. Hopkins, MN 55343 Attention: Nancy Anderson RE: Amendment Zoning Ordinance I am a General Partner of a Limited Partnership which owns the Knollwood Apartments at 1210 and 1220 Cambridge Street, Hopkins, MN. I believe that the Knollwoods Apartments have been a credit to the City of Hopkins for 20 years, offering a clean, safe residence to individuals and couples, many working in Hopkins, MN. Over the years we have promptly responded to fire and ordinance changes and insisted on safe and sanitary occupancy by our tenants. Each building consists of 6 Two Bedroom apartments of 882 square feet, 6 One Bedroom apartments of 651 square feet and 22 Efficiency apartments of 450 square feet. All units are attractive and readily accepted in the market place. The Hopkins Zoning Ordinance #427 passed in March, 1977 required that efficiency apartments contain a minimum of 520 square feet. While our apartment efficiency units are allowed under a so called "Grandfather Clause" we are very apprehensive about marketability of our buildings and marketability of any mortgage, since in the eyes of any buyer or lender our buildings are non - conforming. In the event of a 50% loss they cannot be rebuilt and must be destroyed. (427.06 #5, page 12) . Section 427.33 (T) page 30 provides for elderly apartments of not less than 420 square feet, provided they are not occupied by more than two people. At no time have we rented our efficiency apartments to more than two people. • City of Hopkins Zoning & Planning Commission -2 9/9/87 As you know building costs rise constantly and force the reduction in size of apartments. If 420 square feet is workable for two people, and the market bears this out, I believe your ordinance should be changed to more realistically reflect apartment size to market levels and control occupancy through the licensing department. Thank you for your consideration. TAR:mm Yours Very Truly, r� Roche or Thomas A General Partner Knollwood Apartments 929 -5154