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• • POLICY H2 7/13/05 ITEM: Proposed ordinance amending portions of Chapter 9 of the City Code regarding nonconformities SUBMITTED BY: Deborah Jones, Planning and Zoning Coordinator REVIEWED BY: Heather Worthington, City Administrator Summary: In Falcon Heights there are many structures that do not conform to all the provisions of the City Code. Many of them were built before the relevant parts of the code were adopted; some were allowed by variance. These properties are considered legally non- conforming. Falcon Heights City Code presently places severe restrictions on how much alteration, repair, restoration and improvement can be done with these structures. In some cases owners have been unable to restore original architect-designed features that have aged beyond normal maintenance. In 2004, Minnesota law was changed to allow owners more flexibility in replacing and restoring nonconforming structures. The new law also allows owners some additional options for extending and adding on to nonconforming structures, as long as the degree of nonconformity is not increased. In practice, Falcon Heights has already allowed such additions, most notably for the exceptionally wide and shallow lots between Snelling and Asbury. The proposed ordinance would bring the Falcon Heights code in line with state law. Staff recommends approval for the following reasons: • The proposed amendments would bring the Falcon Heights zoning code into line with the new state law. • Staff will be able to give administrative approval of permits for certain reasonable restorations, improvements and additions without owners having to apply for variances. • Owners ofnon-conforming homes with distinctive, original architectural features will be able to do needed restoration without variances. • Options for rebuilding or building additions on certain properties (for example, 1871 Larpenteur and the Snelling/Asbury blocks) will be greatly simplified. The Planning Commission, at its regular meeting on the ordinance amendment as presented. ATTACHMENTS: • Proposed amendment to Chapter 9 on pages • Existing text of Chapter 9 on pages ACTION REQUESTED: recommended approval of '!