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A Wa7B & Assoeiales. Inc. Infrastructure . Engineering . Planning . Construction CITY OF SAINT ANTHONY VILLAGE MEMORANDUM To: Honorable Mayor and City Council Members Mark Casey, City Manager From: Kelsey Johnson, AICP, City Planner Date: October 20, 2013 WSB Project No. 02170 -000 Request: Nonconforming Lots OVERVIEW 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 - 541 -1700 The City Code defines "Nonconforming use" in § 152.003. § 152.003 states that "The use of all property in the city must comply with the zoning code. Any building, structure, or use lawfully existing on 8 -2- 1976 and continuing to lawfully exist to the date of adoption of this zoning code, but not in conforming with this zoning code, will be regarded as nonconforming. The nonconforming uses and structures may be continued subject to the provisions of § 152.225 and § 152.226 ". § 152.225 INTENT It is the intent of this subchapter to permit nonconforming uses and structures, as defined in §152.003, to continue until they are removed, but it not the intent of this subchapter to encourage their survival, or to permit them to be enlarged, expanded, or extended. § 152.226 LIMITED CONTINUATION Except as otherwise provided by law, any nonconformity, including a nonconforming use or occupation of land or premises, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: (A) Change to conforming use. The property used for a nonconforming use is subsequently used for a conforming use. (B) Discontinued use. The nonconformity or occupancy is discontinued for a period of more than I year. (C) Destruction of building. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of the estimated market value, as indicated by the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. These provisions are in line with MN Stat. §462.357, Subd. le. However, if you read through this MN Stat. you will see that like the City's Code, neither code nor statute regulate "nonconforming lots" other than MN Stat. §462.357, Subd. le, e. which relates to nonconforming lots of record within a shoreland area. Majority of the City is zoned "RI Single Family District ". §152.039 (B) regulates the "Area and width" of the RI District and states that "no dwelling may be constructed or placed on an interior lot of less then