V.1. Request for Recommendation on a Development Code Amendment to Nonconforming Building Height Regulations
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P&Z Report 2025-01
To: Planning and Zoning Commission Members
From: Ryan Krzos, City Planner
Date: February 25, 2025
Subject: Request for Recommendation on a Development Code Amendment to
Nonconforming Building Height Regulations
_____________________________________________________________________
REQUEST
Staff proposes an amendment to the Development Code regulations to allow minor
expansions to single story buildings in the MX-D zone.
RECOMMENDATION
The Planning and Zoning Commission is asked to:
1. Hold a Public Hearing on the Development Code Amendment for comment on
the regulations.
2. Consider comments by the public and Staff.
3. By motion approve a Resolution recommending the City Council adopt the
Development Code Amendment for Expansions to Buildings with
Nonconforming Height.
ANALYSIS
The MX-D, Mixed Use Downtown Center Zone encompasses the heart of downtown
Hopkins, covering the property along Mainstreet, generally from 7th to 15th Streets –
See Zoning Map. In the MX-D Zone buildings have a minimum height of two stories
and a maximum height of four stories per the current regulations.
The purpose of the requirement is to advance good urban form through regulating
building scale and massing consistent with the existing downtown character.
Minimum building heights also seek to discourage underutilization of property within
amenity-rich Downtown Hopkins.
Article 15 of the Development Code and State statute establish the framework for
how buildings/sites are treated when not meeting zoning regulations, known as
nonconformities. By Law, nonconformities may be continued, including through
repair, replacement, restoration, maintenance, or improvement. Cities can enable
Planning & Development
CITY OF HOPKINS
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expansions in nonconforming buildings, which Hopkins allows provided the extent of
the nonconformity is not increased and all other applicable codes are met.
As it currently relates to height, single-story buildings cannot be expanded in a
manner that extends noncompliance with the story height requirement. In other
words, a single-story addition to a building, whether or not said building is already a
single story, is prohibited.
Staff is proposing an exemption to the expansion prohibition, allowing limited single-
story building additions to single-story buildings. The extent of the allowed
nonconforming addition would be limited to no more than 30% of the existing
building’s footprint. This amendment would not enable a single-story addition to
existing two or more-story buildings.
This amendment would pertain to 32 out of the 57 (56%) buildings within the MX-D
zone that are single-story buildings and thus are considered nonconforming.
Review Criteria:
Staff finds that the proposed code amendment meets the criteria for approval. In
making decisions about development code text amendments, the City must consider
all relevant factors, including at least the following criteria:
1. Whether the proposed development code text amendment is in conformity
with the comprehensive plan
The development code amendment is consistent with the goals and policies
of the 2040 Comprehensive Plan. The Plan’s Land Use Section states a goal
to reinforce Hopkins’ unique identity and sense of community through high
quality urban design. The amendment would allow for incremental
improvements to the downtown’s existing building stock. Staff finds that the
long-term vision of downtown would not be substantial compromised by the
types of minor additions enabled by the amendment.
The amendment would also be consistent with the Plan’s goals for the
downtown to: maintain a viable downtown core that serves as an economic
and social center for the community; and to continue to grow Downtown’s
population and jobs base.
2. Whether the proposed development code text amendment corrects an error
or inconsistency or will help meet the challenge of a changed or changing
condition.
The challenge met by the development code amendment is the balance of
incrementally increased utilization of downtown property, while maintaining
and furthering the character of the area. This change in policy is intended to
promote the ability for existing downtown businesses to make small additions
that allow them to maintain and/or expand their presence, while also
preserving opportunities for long-term redevelopment and maintaining
downtown’s character and scale.
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Staff finds the character of the downtown would not be deterred since, in any
new building addition, the applicable design requirements would still apply,
addressing aspects such as building materials, window percentages, and the
like. In general, the small additions that the amendment enables would be
much less practical to build with two stories, given the space that would be
needed for stairs and/or elevators.
Community Input and Engagement:
• This issue was brought out in discussing requirements with a downtown
property owner that is interested in a single-story addition to their single-story
building in the MX-D zone.
• No community members commented on this item as of the writing of this
report.
• Staff will provide an update to the Planning and Zoning Commission on all
public comments received during the public hearing.
Engagement Activities:
• The Planning and Zoning Commission’s public hearing.
• Published notice of this public hearing in the City’s official paper.
Alternatives:
Development Code Text Amendments are considered legislative action. The City has
a wide degree of discretion in creating legislation, but it must be reasonable and
promote public health, safety, and/or general welfare.
The Planning and Zoning Commission could consider the following alternatives:
• Recommend modifications the proposal – such as a change to the size of an
allowable expansion.
• Recommend denial of the proposal.
NEXT STEPS
The City Council will consider the Planning and Zoning Commission’s
recommendation at their March 4th meeting. The Council may vote to approve a first
reading of the Ordinance. A second reading of the Ordinance is required to make it
official.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORIDNANCE 2025-XXXX
AN ORDINANCE AMENDING CHAPTER 102 OF THE HOPKINS CITY CODE
RELATED TO NONCONFORMING STRUCTURES
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Hopkins City Code, Part III, Chapter 102, Article 15, Subsubsection 102-
1540(c), is hereby amended by adding the double-underlined language as follows:
102-1540 (c) ALTERATIONS AND EXPANSIONS
Alterations, including enlargements and expansions, are prohibited unless the
proposed alteration or expansion complies with all applicable building siting and
height regulations, and does not increase the extent of the existing nonconformity,
except as provided in paragraph (1) below. A building with a nonconforming side
setback, for example, may be expanded to the rear as long as the expansion
complies with applicable rear setbacks and all other building siting and height
regulations. On the other hand, building additions on the side, may not increase or
extend the side setback nonconformity.
(1) In the MX-D Zone, a single-story enlargement or expansion of a structure
that does not meet the minimum height requirement may occur provided
the expanded area does not exceed 30 percent of the building footprint and
all other applicable building siting regulations are met.
SECTION 2. The effective date of this ordinance shall be March 27, 2025.
First Reading: March 4, 2025
Second Reading: March 18, 2025
Date of Publication: March 27, 2025
Date Ordinance Takes Effect: March 27, 2025
By:___________________________
Patrick Hanlon, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
PLANNING & ZONING COMMISSION RESOLUTION NO. 2025-01
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE
AMENDING CHAPTER 102 OF THE HOPKINS CITY CODE RELATED TO EXPANSIONS
TO BUILDINGS WITH NONCONFORMING HEIGHT IN THE MX-D ZONE
WHEREAS, the Hopkins Development Code is intended to establish the development
standards to implement the community vision and enact the vision, goals and policies of the
2040 Comprehensive Plan – Cultivate Hopkins; and
WHEREAS, City staff is requesting a Development Code Text Amendment to modify
requirements for accessory structures for single unit buildings in the MX-D zone; and
WHEREAS, the procedural history of the Development Code Text Amendment is as
follows:
1. That the above stated Development Code Text Amendment was initiated by the City;
and,
2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held
a public hearing on the application and reviewed such application on February 25,
2025 and all persons present were given an opportunity to be heard; and,
3. That written comments and analysis of City staff were considered; and,
WHEREAS, staff recommended approval of the above stated application based on the
findings outlined in the Planning & Zoning Report 2025-01 dated February 25, 2025.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council of the City of Hopkins approve an
ordinance amending the Hopkins Development Code related to expansions to buildings with
nonconforming height in the MX-D zone.
Adopted this 25th day of February 2025.
__________________________________
Whitney Terrill, Chair