2009-1007CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 09-1007
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 CERTAIN ZONING DISRICTS
WITHING 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.
As part of the "Residential Neighborhoods" section of the current Draft 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 The City of Hopkins, 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 drafts of the
soon- to -be- adopted 2009 version of the Comprehensive Plan, has placed particular
importance on preserving all existing single family housing within the City.
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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)."
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 reviewing the Hopkins Planning Study: Single- Family Housing
Preservation (dated March 1, 1 999) (the "1999 Study ") to be conducted so that the City
Council can determine (1) the effectiveness of the measures recommended the 1999 Study;
(2) whether similar conditions as identified in the 1999 Study still exist today; and (3)
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 R -1 -A, R -1 -B, R -1 -C, R-
1 -D, and R -1 -E zoning districts of the City of Hopkins (the "R -1 Districts ").
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 Interim 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. Study: Review of the 1999 Study.
2.01 The following study shall be conducted by City staff: City Staff shall review the 1999 Study
to determine (1) the effectiveness of the measures recommended the 1999 Study; (2) whether
similar conditions as identified in the 1999 Study still exist today; and (3) 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 R -1 Districts. The scope of the study
should include, but should not be limited to, the following matters:
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A. Whether the manner in which such demolition or removal has been restricted or
regulated following the 1999 Study has served or accomplished the policies and goals
stated in the City's Comprehensive Plan, Two -Year Action Plan and Strategic Plan
for Economic Development.
B. Whether the manner in which such demolition or removal has been restricted or
regulated following the 1999 Study has achieved the City's goal of preserving
existing single family residential housing stock and increasing single family
residential use as a percentage 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.
2.02 Upon completion of the study, the review 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, Regulations 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
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First reading:
another single family residential structure 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 within 180 days of the issuance of the permit. Failure to replace
the building or structure with another single family residential building or structure
within 180 days is a violation of this Ordinance.
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
463.15, Subd. 3, or as part of a nuisance abatement under Section 615 of the Hopkins
Ordinances, 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. Severability.
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 on publication.
Second reading:
October 6, 2009
October 20, 2009
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Date of Publication: October 29, 2009
N
ATTES'
erry Obe
crier, City Clerk
N
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Euge e J. xwell, Mayor