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CC PACKET 06252002
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CC PACKET 06252002
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Last modified
12/30/2015 7:57:33 PM
Creation date
12/30/2015 7:57:23 PM
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SP Box #
29
SP Folder Name
CC PACKETS 2001-2004
SP Name
CC PACKET 06252002
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10 <br /> parcel contains buildings, streets, utilities, paved or gravel parking lots or other <br /> similar structures." <br /> 2. Condition of Buildings Test—" . . . and more than 50 percent of the buildings,not <br /> including outbuildings, are structurally substandard to a degree requiring substantial <br /> renovation or clearance;" <br /> The term `structurally substandard', as used in the preceding paragraph, is defined by <br /> a two-step test: <br /> Step One: Under the tax increment law, specifically, Minnesota Statutes, Section <br /> 469.174, Subdivision 10, clause (b), a building is structurally substandard if it <br /> contains "defects in structural elements or a combination of deficiencies in <br /> essential utilities and facilities, light and ventilation, fire protection including <br /> adequate egress, layout and condition of interior partitions, or similar factors, <br /> which defects or deficiencies are of sufficient total significance to justify <br /> substantial renovation or clearance." <br /> Step Two: Notwithstanding the foregoing,the tax increment law, specifically, <br /> Minnesota Statutes, Section 469.174, Subdivision 10,clause (c) also provides that <br /> a building may not be considered structurally substandard if it: ". . . is in <br /> compliance with building code applicable to new buildings or could be modified <br /> to satisfy the building code at a cost of less than 15 percent of the cost of <br /> constructing a new structure of the same square footage and type on the site." <br /> Based on the above requirements,the substandard determination of a particular <br /> building is a two-step process; therefore, the findings of each step are independent of <br /> each other and both steps must be satisfied in order for a building to be found <br /> structurally substandard. It is not sufficient to conclude that a building is structurally <br /> substandard solely because Step 2 is satisfied. It is theoretically possible for a <br /> building to require extensive renovation in order to meet current building codes but <br /> still not meet the main test of Step 1. <br /> Furthermore, deficiencies included in.Step 1 may or may not include specific code <br /> deficiencies as listed in Step 2. In many cases, specific building code deficiencies <br /> may well contribute to the data which supports satisfying Step 1; conversely, it is <br /> certainly possible that identified hazards or other deficiencies which could be <br /> included in Step 1 do not necessarily constitute current building code deficiencies. By <br /> definition, the nature of the two steps is slightly different. Step 1 is more subjective, <br /> whereas Step 2 is an objective test. Step 1 deficiencies are less technical and not <br /> necessarily measurable to the same extent of the code deficiencies in Step 2. To the <br /> end that technical, measurable building code deficiencies support the satisfaction of <br /> the less technical Step 1, the following code requirements are defined in terms that go <br /> beyond the technical requirements of the code and demonstrate their relevance in <br /> terms of" . . . deficiencies in essential utilities and facilities, light and ventilation, etc. <br /> 4 <br />
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