6.13. PCSR 10-26-2004 Item # 6.13.
'44i City of
Elk
River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPhersoPr,Director of Planning
DATE: October 26, 2004
SUBJECT: Case No. OA 04-04 Request by the City of Elk River to Amend
Section 30-691 through 30-70I of the Land Use Regulations
Request
The Planning Commission is asked to consider an ordinance amendment to amend the
nonconforming uses and structure section of Chapter 30 "Land Development Regulations"
in order to be consistent with Minnesota Statute.
Attachments
• Minnesota Session Laws Chapter 258—Senate File 2274
• Revised Ordinance Language
Analysis
As a result of encouragement from the Affiance for Reasonable Municipal Regulation
(ARMR), the Minnesota State Legislature amended several sections of Minnesota Statute
462,which is the enabling legislation for land use planning. Of specific interest to the
Planning Commission are changes from Senate File 2274,which became effective August 1,
2004 which amended the requirements for building moratoria and nonconforming uses. In
order to provide consistency with Minnesota Statute, staff has prepared the attached
ordinance amendment with assistance from the City Attorney.
Recommendation
Staff recommends that the Planning Commission recommend approval of the request to the
City Council.
S:\PLANNING\Case Piles\2004\OA 04-04.City of ER Statutes\10 26 04 pc memo.doc
Minnesota Session Laws 2004, Chapter 258 Page I of 2
Minnesota Session Laws
Minnesota Session Laws - 2004
Key: languagc to be dcictcd...new language Change language enhancement display.
Legislative history and Authors
CHAPTER 258-S.F.No. 2274
An act relating to zoning; providing certain
limitations on municipal interim ordinances and on
nonconformities; amending Minnesota Statutes 2002,
sections 462. 355, subdivision 4; 462. 357, subdivision
le.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 462.355,
subdivision 4, is amended to read:
Subd. 4 . [INTERIM ORDINANCE. ] If a municipality is
conducting studies or has authorized a study to be conducted or
has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or
official controls as defined in section 462. 352, subdivision 15,
or if new territory for which plans or controls have not been
adopted is annexed to a municipality, the governing body of the
municipality may adopt an interim ordinance applicable to all or
part of its jurisdiction for the purpose of protecting the
planning process and the health, safety and welfare of its
citizens. The interim ordinance may regulate, restrict or
prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective . The period of an
interim ordinance applicable to an area that is affected by a
city's master plan for a municipal airport may be extended for
such additional periods as the municipality may deem
appropriate, not exceeding a total additional period of 18
months in the case where the Minnesota Department of
Transportation has requested a city to review its master plan
for a municipal airport_prior to August 1, 2004 . In all other
cases, no interim ordinance may halt, delay, or impede a
subdivision which has been given preliminary approval, nor may
any interim ordinance extend the time deadline for agency action
set forth in section 15. 99 with respect to any application filed
prior to the effective date of the interim ordinance. The
governing body of the municipality may extend the interim
ordinance after a_public hearing and written findings have been
adopted based upon one or more of the conditions in clause (1) ,
(2) , or (3) . The public hearing must be held at least 15 days
but not more than 30 days the expiration of the interim
ordinance, and notice of the hearing must be published at least
ten days before the hearing. The interim ordinance may be
extended for the following conditions and durations, but, except
as provided in clause (3) , an interim ordinance may not be
extended more than an additional 18 months:
(1) up to an additional 120 days following the receipt of
the final approval or review by a federal, state, or
http://www.revisor.leg.state.mn.us/slaws/2004/c258.htm1 7/8/2004
Minnesota Session Laws 2004, Chapter 258 Page 2 of 2
metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the
municipality at least 30 days before the expiration of the
interim ordinance;
(2) up to an additional 120 days following the completion
of any other process required by a state statute, federal law,
or court order, when the process is not completed at least 30
days before the expiration of the interim ordinance; or
(3) up to an additional one year if the municipality has
not a comprehensive plan under this section at the time
the interim ordinance is enacted
Sec. 2. Minnesota Statutes 2002, section 462. 357,
subdivision le, is amended to read:
Subd. le. [NONCONFORMITIES. ] Any nonconformity, including
the lawful use or occupation of land or premises existing at the
time of the adoption of an additional control under this
chapter, may be continued, including through repair ate,
replacement, restoration, maintenance, bt ; { or improvement,
but not including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a
period of more than one yearn; or
(2) any nonconforming use is destroyed by fire or other
peril to the extent of greater than 50 percent of its market
value, and no building permit has been for within 180
days of when the property is damaged. In this case, a
municipality may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent
property.
Any subsequent use or occupancy of the land or premises
shall be a conforming use or occupancy. A municipality may, by
ordinance, permit an expansion or impose upon nonconformities
reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision
does not prohibit a municipality from enforcing an ordinance
that applies to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 9: 10 a.m.
http://www.revisor.leg.state.mn.us/slaws/2004/c258.html 7/8/2004
DIVISION 3. NONCONFORMING USES AND STRUCTURES*
*State law references: Nonconforming uses, Minn. Stats. § 462.357, subd. 1c.
Sec. 30-691. Generally.
Except as provided in this division, the nonconforming use of any structure, building,
and/or land shall not be expanded extended or enlarged. The nonconforming use of a
building or structure for a sexually oriented land use shall be discontinued on the expiration
of a reasonable period for amortization of the building as specified in this section or ten
years after the effective date of the ordinance from which this article is derived if not so
specified.A reasonable amortization period shall be 40 years for buildings of ordinary wood
construction, 50 years for buildings of wood and masonry construction, and 60 years for
buildings of fireproof construction. The amortization period shall begin on the date the
nonconformity began. Buildings found to be nonconforming only by reason of height,yard
or area requirements do not have to be discontinued following the expiration of an
amortization period but cannot be enlarged except as provided in this division.
(Code 1982, § 900.34(1))
Sec. 30-692. Nonconforming signs.
No sign erected before the passage of the ordinance from which this article is derived shall
be expanded rebuilt, altered or removed to a new location without being brought into
compliance with the requirements of this article.
(Code 1982, 5 900.34(2))
Sec. 30-693. Nonconforming lots of record.
(a) In any district in which single-family dwellings are permitted,notwithstanding
limitations imposed by other provisions of this article, a single-family dwelling and
customary accessory buildings may be erected on any single lot of record on the effective
date of the ordinance from which this article is derived,provided that it fronts on a street.
Yard dimensions and other requirements for the lot shall conform to regulations for the
district unless a variance is granted.
(b) If two or more lots or combinations of lots and portions of lots with contiguous
street frontage in single ownership are of record on the effective date of the ordinance from
which this article is derived, and if all or part of the lots do not meet with width and area
requirements of this article for lots in the district, the contiguous lots shall be considered to
be an undivided parcel for the purpose of this article and no portion of such parcel shall be
used or occupied which does not meet lot width and area requirements of this article, nor
shall the parcel be so divided that any remaining lot does not comply with such
requirements.
(Code 1982, § 900.34(3))
Sec. 30-694. Discontinuance of use.
(a) If a nonconforming use of any building or premises is discontinued or its normal
operation stopped for a period of twelve six months, the use of the building or premises
shall thereafter conform to the regulations of the district in which it is located.
(b) If the use of a nonconforming advertising sign structure is discontinued or its normal
operation stopped for a period of twelve six-months, the structure shall be removed by the
owner or lessor at the request of the city council.
(Code 1982, 5 900.34(6); Ord. No. 99-13, § 1(900.34(6)), 8-16-1999)
Sec. 30-695. Change of us ,
(a) The lawful use of a building existing on September 4, 1980,may be continued,
although such use does not conform with the provisions of this article. If no structural
•
alterations are made,a nonconforming use of a building may be changed to another
nonconforming use of the same or a more restricted classification. The provisions of this
subsection shall also apply to nonconforming uses in districts hereafter changed. Whenever a
nonconforming use of a building has been changed to a more restricted use or to a
conforming use, such use shall not thereafter be changed into a less restricted use.
(3) The entire nonconforming use of thc property shall be discontinued at the expiration
(1) The owner of the property shall execute and record,in a form prescribed by thc city
- . I . - - - - - - -- - -=- - =- - - - .- - -- - - - - - -
extended by reason of the alteration.
(Code 1982, 4 900.34(7))
Sec. 30-696. Residential alterations.
Alterations may be made to a residential building containing nonconforming residential units
when they will improve the livability of such units;provided, however, that they do not
increase the number of dwelling units in the building.
(Code 1982, § 900.34(8))
Sec. 30-697. Restoration of damaged structures. Repair, replacement, restoration,
maintenance or improvement of nonconforming use
Any nonconformity existing on September 4.1980 may be continued,including through
repair.replacement.restoration,maintenance, or improvement,but not including expansion,
unless:
(1) the nonconformity or occupancy is discontinued for a period of more than one year,
or
(2) any nonconforming use is destroyed by fire or other peril to the extent of greater
than 50 percent of its market value, and no building permit has been applied for
within 180 days of when the property is damaged. In this case- a municipality may
impose reasonable conditions upon a building permit in order to mitigate any newly
created impact on adjacent property.
(3) Any subsequent use or occupancy of the land or premises shall be a conforming use
or occupancy.ent property.
Any subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy.
No nonconforming building or structure, cxccpt Single family dwellings in an R 1 district,
which has been damaged by fire, explosion, flood, act of Cod or other calamity to the extent
of more than 50 percent of its aaacaacd market value shall be restored cxccpt in conformity
with the regulations of this article. A nonconforming building or structure which is damaged
to a leaser degree may be Iestored and ita previous uaC continued or maimed provided that
restoration ia e„xipleted within one yeas_ following ita dat..a6e and ne) e..larg,ment occurs.
Nothing in this article shall prevent the placing of a structure in safe condition when the
structure is declared unsafe by the building official.
(Code 1982, g 900.34(9))
Sec. 30-698. . Expansion of nonconforming use
Permission to expand a nonconforming use may be requested and granted pursuant to the
procedures and standards set forth in subdivision II of division 2 of this article,provided:
(1) the cost of the expansion is not in excess of 25 percent of the assessed value of the
improvements on the property.
(2) The expansion will not make the property any less compatible with adjacent
properties.
be permitted when it includea necessary, nonstructural repairs and incidental alteration
(Code 1982, § 900.34(10))
Sec. 30-699. Work under previously issued permits.
Nothing contained in this article shall require any change in plans, construction or
designated use of a building or structure for which a building permit has been issued prior to
the effective date of the ordinance from which this article is derived;provided, however, that
the entire building shall be completed according to such plans as filed within 24 months
from the date of issuance of the permit.
(Code 1982, § 900.34(11))
Sec. 30-700. Status of uses for which variance or conditional use permit has been
granted.
If a conditional use permit or variance has been granted as provided in this article, the
structure or use shall not be deemed a nonconformity, but shall without further action be
deemed permitted in such district.
(Code 1982, g 900.34(12))
Sec. 30-701. Nonconformities created by amendment.
When a nonconformity in a structure or use of land or a structure is created by an
amendment to this article, the rights granted by this division to the continuance of
nonconformities : - ; - - - --:.- : :: - - - -- - --- - - - - apply to such nonconformities
existing on the date of the amendment.
(Code 1982, § 900.34(13))
INFORMATION
Elk
River
MEMORANDUM
TO: Mayor and City Council
FROM: Joan Schmidt, City Clerk
DATE: October 18, 2004
SUBJECT: Letter from Loretta Moos
Attached please find a letter that Jeff Gongoll delivered in person this afternoon after Ms.
Moos left it at his office.
I attached an article from the newspaper that I think she may be referencing. I was unable
to find "her" article that she mentions in the first paragraph of her letter.
•
October 18, 2004
To the Elk River City Council and Planning Commission:
I thought you should know that your illustrious Mayor at her meetings
on Saturday morning at the Legion, when confronted with my article
in the paper regarding the downtown development for which I
received numerous calls in agreement and support. The Mayor
replied, "Oh she's just out of touch." I have had more experience
than any of you.
Another quote of the Mayors is "I only have one vote." So, you know
where the blame lies.
I would also like to address the Line Avenue cul-de-sac proposal.
That road is the main route for the school bus and the fire department
to the St. John's School at Twin Lakes where they have more than
100 in attendance. Only one of limited ability would suggest such a
matter. I would never suggest taxpayers of tiff to pay for either of the
above for a number of years. Your liability would be great.
I request you keep a copy of this article in your files at the City
Council office along with the other three previous ones, which I doubt
you have read.
Loretta Moos
Dy Susan M.A. Larsen died in a car accident Oct. 2. seated in the narthex. oa°hy t y3$ .--�-• "
Staff writer She was a junior at Elk River Mourners donned pins with "tee
At her funeral last Friday, High School. Kristin's picture, badges X34 s " -
Kristin Lorenz was remem- The sanctuary of Central with the number 18 (her vol .i `� �"`_"'�
bored as a caring, compas- Lutheran Church in Elk ` " hi„<
leyball jersey number), or r.\ � --:
sionate individual who left a River was filled to over orange ribbons. Orange,
lasting impression on all she capacity for her funeral,with Kristin's favorite color, was
encountered. students sitting on the floor the dominant color for Among the ways student
Kristin, 16, daughter of in the front of and around
David and Diane Lorenz, the altar. More had to be Remembered to page 14 through posters they wroi
p g above read "We Will Never I
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r p4 ,`�f. ton i .''.«1n..,. _. k*+t- .iY.�i�`5hy „Birds of prey get rapt attention
Jim Hall, of the Three Rivers Park District, shows off a Lincoln Elementary School. Hall had three raptors on
red-tail hawk to a group of kids participating in hand, all of which have injuries that were too serious for
Community Education's Edventure Club Monday at the birds to survive in the wild.
Downtown
by Jake Muonio The preliminary plats were wally collected for each resi- downtown area.
Staff writer approved by the Planning dentin] and commercial unit "That gives us the where-
The downtown redevelop- Commission at its Sept. 28 hooked up to city services, withal to make the improve-
ment project is taking anoth- meeting. would likely be recovered merits (to the river front
er step forward. Other details have also through inflation in the TIF park) that were talked about
Public hearings are sclied- been worked out over the district, said Cathy for the last 10 years,"
uled for Oct. 18 on the pre- past month. Mehelich, Elk River director Mehelich said.
Iiminary plats for both the The Elk River City Council of economic development. In addition to the prelimi-
Bluff and Jackson block proj- and Municipal Utilities The City Council also nary plats, a tax increment
ects. Commission agreed to con- agreed with a MetroPlains financing district public
The public hearings, which sider waiving the sewer and request that the park dedica- hearing is scheduled before I
will be part of the City water connection fees for the Lion fees paid on the project the City Council on Nov. 1.
Council meeting, will take project— a £400,000 waiver. be earmarked to be spent on
place at Elk River City Hall. Those funds. which i'o tvn- n.:rr; imnrrn �mPnt� ;,, r6P T.)iewnr i .�„ _win r .r li
14 / Star News / Wednesday, October 13, 2004 0 Visit us on the web at www.erstarnews.com
- :.
Downtown: Tax-increment financing hearing scheduled for Nov. 1
Following that the city and The city has been talking going to happen?'I can't give would be on the site of what
MetroPlains are expected to about a redevelopment proj- an answer to that. What I is currently the Jackson
sign a final development ect in downtown Elk River can say is that the city and block parking lot.
agreement. for more than 20 years, and MetroPlains' commitment The building constructed
"We anticipate the HRA has been working exclusive- has remained the same." there would include ground-
and council will see a draft ly with MetroPlains The current project would floor commercial space with
agreement sometime in Development for the past begin with the bluff block, rental housing units
November," Mehelich said. two. and area that encompasses upstairs.
"Our goal is to have it "Redevelopment projects what is currently Nadeaus Customer parking spaces
entered into and approved are long and complex," Clothing Care, U.S. Bank that would be lost in the
by the city by the end of the Mehelich said. "The million and the next adjacent build- Jackson lot would be
year." dollar question is, `Is this ing that recently was the replaced with additional
site of The Jungle hair salon. units behind Kemper Drug.
Rath funding project would include That lot would be expanded
Rae: Two divided on funding commercial property on the and include space created by
U ground level and for-sale the removal of the old
• housing units up above- municipal utilities building.
priation for Northstar. The would be. The project's second phase
funding is part of Gov. Tim "1 wish we could have the
Pawlenty's initiative to cap- train," he said. But .. I'm
ture federal dollars to keep afraid it will be like the
the project moving forward. Hiawatha (light mill" That's
The Metropolitan Council working, Nelson said,but it
and Anoka and Hennepin cane in significantly over Post flame EUfl m' ' S
county boards have also budget. Q
approved funds for the Northstar commuter rail 1•���_0 •� ' ��om
Northstar commuter rail would use existing rail lines me„a,i_
project. to transport passengers esid al /
Nelson said he voted between Big Lake and - .,. < A9riculyu'8
against the $1.8 million fund- Minneapolis Riebel said its ,. '` --r HOmepa rs
ing in part because there is only a matter of t me before -.1 Srcrci 5:�
no commitment from the the se vice would be extend Ei 341 7 '
Minnesota Legislature to ed through Becker and tjet BWLDMG
fund the building of the Becker Township to St a _ ” r ° of " k` omrro n
V- wr Northstar commuter rail Cloud.
20 Gauge-Neavier,imighe
project. Also, there is not yet Riebel said he would have Gauge &Viet,ig
a commitment from voted for the Northstar Fesioential.Commermalindustrial AtLatkam-Ltho Limier.our 6uilomgs are only contra
Burlington Northern Santa funds, because the county and Foci Frame Buddhas from the retest quality products.I➢year workmanship war
Fe to use its rail system, he already has invested money �.��� �i'�9�i® LNG F �l� 9�PL`
said. and energy for the project. 7 id
Nelson also has concerns Commuter rail is a safe and "providing Quality Building Supplies Since 1974"
about Sherburne, Anoka and fast method to move people, 1+7th Ave.,Milaca(norm end of Milaca off Central Ave.
Hennepin counties being and it would take cars off Call today for price information.(320)983-6304.1.800-8'.8-1846
_ asked to help pay for the Highway 10, which is one of ,
project. the fastest,growing corridors
`I don't believe that we in the country, Riebel said.
should be funding our share The system would result in Low CD Rates Got You Down?
with Sherburne County prop- fewer accidents and less pul-
erty tax dollars," he said. lotion,he said. tree Report:What Bankers hope You Never See!
"That's why I voted against Riebel said commuter rail is
it. I think it should be a fed- also one way older people A Sate CD Alternative:era'. and state project." who may have difficulty driv-
Under the plan, capital ing could travel safely.
p p 1. Principal Guaranteed
costs for the project would be With no plan in sight to p
funded 50 percent federal, 33 widen Highway 10, Riebel 2. Guaranteed Faxed Bate
percent state and 17 percent said commuter rail offers an 3. Free & Immediate Access
local. economical and quick way to 4. Tax Advantaged Growth
While not philosophically ease traffic congestion.
._%.00DOaed Si, the i ilea of torn- "Tt makes sense" he Raid