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• Planning Commission <br />6/28/05 <br />Item 2 <br />ITEM: Proposed Ordinance Amending Portions of Chapter 9 of the City Code <br />Concerning Nonconformities <br />SUBMITTED BY: Deborah Jones, Planning and Zoning Coordinator <br />REVIEWED BY: Heather Worthington, City Administrator <br />Summary: In Falcon Heights there are many structures that do not conform to all the <br />provisions of the City Code. Many of them were built before the relevant parts of the code were <br />adopted; some were allowed by variance. These properties are considered legally non- <br />conforming. Falcon Heights City Code presently places severe restrictions on how much <br />alteration, repair, restoration and improvement can be done with these structures. In some cases <br />owners have been unable to restore original architect-designed features that have aged beyond <br />normal maintenance. <br />In 2004, Minnesota law was changed to allow owners more flexibility in replacing and restoring <br />nonconforming structures. The new law also allows owners some additional options for <br />extending and adding on to nonconforming structures, as long as the degree of nonconformity is <br />not increased. In practice, Falcon Heights has already allowed such additions, most notably for <br />the exceptionally wide and shallow lots between Snelling and Asbury. <br />The proposed ordinance would bring Falcon Heights code in line with state law. Staff <br />recommends approval for the following reasons <br />• The proposed amendments would bring the Falcon Heights zoning code into line with the <br />new state law. <br />• Staff will be able to give administrative approval of permits for certain reasonable <br />restorations, improvements and additions without the owners having to apply for variances. <br />• Owners ofnon-conforming homes with distinctive, original architectural features will be able <br />to do needed restoration without variances. <br />• Options for rebuilding or building additions on certain properties (for example, 1871 <br />Larpenteur and the Snelling/Asburybiocks) will be greatly simplified. <br />ATTACHMENTS: <br />• Proposed amendment to Chapter 9 <br />• Existing text of Chapter 9 <br />• Public notice of hearing on the proposed amendment <br />ACTION REQUESTED: <br />• Recommend approval of the ordinance to the City Council. <br />Staff Report on Proposed Ordinance Amending City Code on Nonconformity Pa e 1 of 1 <br />Falcon Heights Planning Commission -May 24, 2005 g <br />