06.01 - Ordinance Amendment Non-conforming Structures

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LLJ INSTITUTE Toll Free 866.900.3064 Fax 866.924.1928 February 1, 2012 Mayor and City Council City of Pequot Lakes 4638 County Road 11 Pequot Lakes, MN 56472 Re: Planning Commission Report Dear Mayor and City Council, The Planning Commission met for their regularly scheduled January meeting at which there was one public hearing. They are forwarding you one recommendation at this time. i) Ordinance Amendment regarding Expansion /Replacement of Non- conforming Structures. City of Pequot Lakes, Applicant. Application 11 -4036. The Zoning Ordinance allows property owners a one -time opportunity to expand a non - conforming structure up to 50% of the existing size (resulting structure can't be more than 2,500 sq. ft.) OR replace the structure with one of the exact same size /dimensions. The former is an exception to State Rules that allows a modest expansion to non - conforming structures without the need for a variance. The exception reduces costs and saves time for property owners who desire a simple expansion to a non - conforming structure. The City has previously determined that a property owner having a 2,500 sq. ft. structure is making "reasonable use" of their property, so a non - conforming structure may not be expanded (without a variance) if it is greater than that size. This amendment was sent back to the Planning Commission by the City Council last month. The Planning Commission re- evaluated the amendment and made changes to make it less confusing. The number of "tiers" that determines how much a structure can be expanded was reduced from four to just two. With the proposed amendment, if an existing non - conforming structure can only meet between 1 -50 percent of the required setback, it may only be expanded by 25%. If the structure can meet between 51- WWW.COMMUNITYGROWTH.COM WWW.$TRONGTOWNS.ORG