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1998-821CITY 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)." c:Mile\hopc iv i I\residdemo.ord 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 amend 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 lnterim 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 StudX. 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 manner 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. c:lfile\hopcivil\residdemo.ord 2 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, B and C of this Paragraph 3.01, a moratorium on the demolition or removal of any single family building or structure located within any of the following zoning districts as established by the Hopkins Official Zoning Map as in effect on the effective date of this Interim Ordinance, namely: R-1-A, R '1-B, R-1-C, R-1-D and R-1-E, 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 located within Zoning Districts R-1-A, R-1-B, R-1-C, R-1-D and R-1-E 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, Regtilations 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 structure or building with another single family residential stnicture 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 connection 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 Minnesota 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 defined in Minnesota Statutes, Section c:\file\hopcivil\residdemo.ord 3 463.15, Subd. 3, pursuant to an order issued by a building official of the City or a Court of competent jurisdiction. Section 4. Enforcement. The City may enforce the provisions of this 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. Severabilitv. 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: December 1, 1998 Second reading: December 15, 1998 Date of Publication: January 12, 1999 ATTEST: c:Mile\hopciv it\residdemo.ord 0_ ar es D. Redepenning, Mayor 4