7.6.
CC Regular Session
- Meeting Date:
- 08/23/2022
- By:
- Todd Larson, Community Development
Information
Title:
Adopt Ordinance #22-23 Amending Section 117-57 - Nonconforming Structures and Land Use
Purpose/Background:
The City Council introduced the Ordinance at its meeting on August 8, 2022.
Representatives from Anoka County are working with property owners on acquisitions for the upcoming Highway 10/Ramsey Gateway project. Some of the acquisitions will seem relatively minor--a few feet off the front of a property, for example. In some of these cases, the loss of just a few feet will put the existing buildings out of conformance with the setback rules for the zoning districts those buildings are in, even though they were constructed legally. The taking then makes the structure a non-conformity. The same thing could occur with a minimum lot area requirement.
Many communities have a provision in their City Codes calling out this type of non-conformity as a legal nonconformity giving the property owner rights to make improvements to the property and/or structure. Ramsey's City Code discusses nonconformities, but is silent with the takings scenario for public projects. Anoka County representatives are recommending adding a section to assist the property owners after portions of their properties are taken for the road project.
A second clause is proposed that would give the Planning Commission the ability to consider a taking as a practical difficulty for a variance request should the property owner desire to make more improvements to the property. The Commission will still have to determine if the request that property owner is making is reasonable.
Representatives from Anoka County are working with property owners on acquisitions for the upcoming Highway 10/Ramsey Gateway project. Some of the acquisitions will seem relatively minor--a few feet off the front of a property, for example. In some of these cases, the loss of just a few feet will put the existing buildings out of conformance with the setback rules for the zoning districts those buildings are in, even though they were constructed legally. The taking then makes the structure a non-conformity. The same thing could occur with a minimum lot area requirement.
Many communities have a provision in their City Codes calling out this type of non-conformity as a legal nonconformity giving the property owner rights to make improvements to the property and/or structure. Ramsey's City Code discusses nonconformities, but is silent with the takings scenario for public projects. Anoka County representatives are recommending adding a section to assist the property owners after portions of their properties are taken for the road project.
A second clause is proposed that would give the Planning Commission the ability to consider a taking as a practical difficulty for a variance request should the property owner desire to make more improvements to the property. The Commission will still have to determine if the request that property owner is making is reasonable.
Notification:
A public hearing notice was published in the July 28 Anoka County Union Herald.
Observations/Alternatives:
1. Adopt the ordinance as recommended by the Planning Commission and staff.
2. Adopt the ordinance with modifications.
3. Deny the ordinance keeping the existing regulations in place.
2. Adopt the ordinance with modifications.
3. Deny the ordinance keeping the existing regulations in place.
Funding Source:
None associated with this request.
Recommendation:
At its meeting on July 28, 2022, the Planning Commission unanimously recommended approval of the ordinance.
Action:
Motion to adopt Ordinance #22-23 amending Section 117-57 of City Code.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Brian Hagen | Brian Hagen | 08/18/2022 02:16 PM |
- Form Started By:
- Todd Larson
- Started On:
- 08/10/2022 08:50 AM
- Final Approval Date:
- 08/18/2022