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HomeMy WebLinkAbout12/13/11 City of Farmington 430 Third Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA PLANNING COMMISSION December 13, 2011 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) November 8, 2011 Regular Meeting 3. PUBLIC HEARINGS a) Conditional Use Permit to allow a Home Occupation for a barbershop/salon at 3251 224th Street W. Applicant: Nicole Halverson 3251 224th Street W Farmington, MN 55024 b) Conditional Use Permit to allow a Home Occupation for a chiropractic office at 705 9th Street. Applicant: Dr. Regina Brott 705 9th Street Farmington, MN 55024 c) Ordinance Amendment to Sections 10-3-6, 10-4-2 and 10-6-18(F) of the Zoning code as they relate to Variances, Nonconformities and Shoreland Management Regulations. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 4. DISCUSSION None 5. ADJOURN City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP CNU-A City Planner SUBJECT: Conditional Use PermitIHome Occupation Permit - Salon Applicant: Nicole Halverson 3251 224th St W Farmington, MN 55024 DATE: December 13, 2011 INTRODUCTION The applicant, Nicole Halverson, has submitted an application for a Conditional Use/Home Occupation Permit involving the operation of a one-chair hair salon in her home. Plan nine Division Review Applicant: Nicole Halverson 3251 224th St W Farmington, MN 55024 Attachments: 1. Application 2. Location Map Location of Property: Located in Executive Estates, south of Farmington Business Park, north of 225th Street. Property Address: 3251 224th St W, Farmington, MN 55024 Surrounding Land Uses: The subject property is surrounded by proposed single-family residences. Existing Zoning: R-l (Low Density Residential) Off-street Parking: Yes - two stalls in driveway DISCUSSION The applicant, Nicole Halverson, is requesting Planning Commission approval of a Conditional U se/Home Occupation Permit to allow her to conduct a one-chair hair salon within her residence. The salon will involve basic hair cuts, colors, permanents, etc. It should be noted that the use of some chemicals will be involved. Ms. Halverson indicated that she would be available by appointment only. Her hours of operation are tentatively set for 2 pm to 8 pm Monday and Tuesday and 8am to 3pm on Saturday. She proposes to accommodate 2-6 people per day. The applicant stated that she would be the only person working at the salon. Home Occupation Code Section 10-6-2 of the City Code provides as follows: A home occupation is permitted as an accessory use if it complies with the requirements of this Section following all procedures outlined for approval of a conditional use. (A) The home shall be conducted solely and entirely by persons who reside full time in the home. The applicant has indicated that she would be the sole person working in the salon. (B) The home occupation shall be conducted wholly within the principal or accessory structures. The salon operation would be conducted wholly within the applicant's home. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. The applicant will not be making any enlargements to the home to accommodate the proposed home occupation. The salon is proposed to be within an existing 10' x 12' room in the basement of the applicant's house. (D) Only one home occupation shall be permitted for each principal structure. No conditional use/home occupation permit exists for this property. (E) Exterior displays or signs other than a two-sided, two (2) square foot, non-illuminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. The applicant has not indicated whether she would install a sign for the business or not. If the CUP is approved, a condition of approval would be that a sign permit be obtained by the applicant for any signage to be placed on the subject property. (F) The activity does not involve the manufacturing, assembling or distribution of goods and the activity does not deal with the general retail public. The activity being proposed will not involve manufacturing, assembly or distribution of goods and does not deal with the general retail public. The applicant has indicated that her clientele will all be appointment based and will largely consist of family and friends. STAFF DRECOMMENDATION Staff recommends approval of the Conditional Use Permit as the proposal appears to meet all the criteria of Section 10-6- 2 of the City Code subject to the following conditions: 1) The applicant shall obtain a sign permit for any signage to be placed on the subject property. 2) Any other condition deemed necessary by the Planning Commission. Respectfully submitted, ~-cS:2 Lee Smick, AICP CNU-A City Planner Cc: Nicole Halverson City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651280.6899 www.ci.farmington.mn.us II I~ CONDITIONAL USE PERMIT APPLICATION Applicant: -N'\ c.eu.. \1n \'teJ~C"\ Telephone: (Lfill4/lP.. 3iQdfo Fax: L-J Address: ~S\ (~~ Z'j 8 W 'fa<"\,\,,\\1f' 0l\'l 6.~~4 Street City State Zip Code Owner: &\ ~ ~ N..\('(~lQ \\o\\i~ Telephone: (la5\) 4~-&lor'}(o Fax: L-J Address: ~5\ ~Lrth f1\. W. ~~~ ruN &~L\ Street City State Zip Code Premises Involved: \ . (" ~~ Address/Legal Description (lot, block, plat name, s c 'on, township, range) Current Zoning District Current Land Use ~ Specific Nature of Request: &t ~ SUBMITTAL REOUIREMENTS o Proof of Ownership ~Application Fee o Boundary / Lot Survey XJ/fi6 flcili'Ji/l u@ Signature of Owner o 6 Copies of Site Plan o Abstract/Residential List (required 350' from subject property) o Torrens (Owner's Duplicate Certificate of Title Required) )(;~ /J1 \ue1~ Signature of Applicant 11-15 -I \ Date 11-15-1\ Date Request Submitted to Plannine; stalf on I' J I (P / II Public Hearing Set for: I}LJ3/11 . , For office use only Advertised in Local Newspaper: hJ / I /1 f . Fee Paid X $200 - City of Farmington $46 - Dakota County Recorder Planning Commission Action: _Approved City Council Action (if necessary): _Approved Denied Denied Comments: Conditions Set: Planning division: Date: 9/06 Print Preview Page 1 of 1 Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 265 feet t N http://gis.co.dakota.mn.us/website/dakotanetgis/printPreview.aspx?PrintOptData= Dakota County, MNIOIO... 12/8/2011 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP CNU-A City Planner SUBJECT: Conditional Use PermitIHome Occupation Permit - Chiropractic Office Applicant: Dr. Regina Brott, D.C. 705 9th St. Farmington, MN 55024 DATE: December 13, 2011 INTRODUCTION The applicant, Dr. Regina Brott, D.C., has submitted an application for a Conditional Use/Home Occupation Permit involving the operation of a chiropractic office in her home. Plan nine Division Review Applicant: Dr. Regina Brott, D.C. 705 9th St. Farmington, MN 55024 Attachments: 1. Application 2. Letter from applicant 3. Location Map Location of Property: Located in East Farmington Property Address: 705 9th St., Farmington, MN 55024 Surrounding Land Uses: The subject property is surrounded by single-family residences in the East Farmington development. Existing Zoning: R-2 PUD (Low Density Residential Planned Unit Development) Off-street Parking: Yes - two stalls in driveway DISCUSSION The applicant, Dr. Regina Brott, D.C., is requesting Planning Commission approval of a Conditional Use/Home Occupation Permit to allow her to locate a chiropractic office within her home. The chiropractic office will involve chiropractic services. The applicant-will be using two rooms in her home including one for an office and one for the adjustment room. An existing bathroom will be provided for clients. Dr. Brott indicated that she would be available 6-8 hours per week: Monday 3-5 PM, Wednesday 3-5 PM, and Thursday 3-5 PM with a possibility of Saturdays from 10 AM-12 PM. She would see patients every 15-30 minutes per appointment. Her clientele is typically made up of families coming to the together, reducing the amount of "in and out" for The applicant stated that she would be the only person working at the chiropractic office. Home Occupation Code Section 10-6-2 of the City Code provides as follows: A home occupation is permitted as an accessory use if it complies with the requirements of this Section following all procedures outlined for approval of a conditional use. (A) The home shall be conducted solely and entirely by persons who reside full time in the home. As stated above, the applicant has indicated that she would be the sole person working in the chiropractic office. (B) The home occupation shall be conducted wholly within the principal or accessory structures. The chiropractic operation would be conducted wholly within the applicant's home. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. The applicant will not be making any enlargements to the home to accommodate the proposed home occupation. The office is proposed to be within an existing lower lever of the home using one room as the adjustment area and the other as an office space. A bathroom is also on the lower level. (D) Only one home occupation shall be permitted for each principal structure. No conditional use/home occupation permit exists for this property. (E) Exterior displays or signs other than a two-sided, two (2) square foot, non-illuminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. The applicant has not indicated whether she would install a sign for the business or not. If the CUP is approved, a condition of approval would be that a sign permit be obtained by the applicant for any signage to be placed on the subject property. (F) The activity does not involve the manufacturing, assembling or distribution of goods and the activity does not deal with the general retail public. The activity being proposed will not involve manufacturing, assembly or distribution of goods and does not deal with the general retail public. The applicant has indicated that her clientele will all be appointment based and will largely consist of families. STAFF DRECOMMENDATION Staff recommends approval of the Conditional Use Permit as the proposal appears to meet all the criteria of Section 10-6- 2 of the City Code subject to the following conditions: 1) Determine parking space for all clientele. 2) The applicant shall obtain a sign permit for any signage to be placed on the subject property. 3) Any other condition deemed necessary by the Planning Commission. &-- Lee Smick, AICP CNU-A City Planner Cc: Dr. Regina Brott Cit~. of Farmington -4JH TIm..! Slrr:d FaoninL!!\lA. \IIlHlo.''''lll,j h)L2~{I,h.-;';jk'. hl\ h~L.?Sll6S'N V" f ~ j I ~ 'W'_.,., -~-'~"..".~~~-_.-.~ "'1 ' \ i ~ ! "-~~. !i \ \:~" .". "..; ....W1t'f"'. !,!";\i 1 ;. \ -'j '.) V CJ ~ .{ ~ . ~ II [ iB . i .-rJ ,. L,. !,.. ! I CONDITIONAL USE PERMIT APPLICATION Applicant: \), \2.0 c'ZC"'.("' Address: ID ~ q*- ~-\-. Street ~~O* Telephone~ l-:l4 -~l':l\ Fax: L..J "-ll~ S-S-O ':;).. ~ Zip Code Owner: 1)~ \2. S2 a. \.C"""'\ <:> \2:, c-e..* ~ Address: Ie>'" c,~ ~ '\=.....~':J~ H~\ S:$;tl~~ Street City State Zip Co e Premises Involved: ,(IS- a..~'" "S,~. ~("\.~~~~ l'--\~ <)~C'\~y L6+~, Bloc/.:: '7 ECtr/- Address/Legal Description (lot, block, plat arne, section, township, range) ~AV"""IQ~ ;}.. ~ Ald':I-,'iJY\. Current Zoning District R - J- YIA.I~ Current Land Use .511'\ d-e - +~~; ~ Rid)Q€~ Specific Nature of Request: C'h~c-t)~ro...c*,(' ~~, \)<t..Y""~-'X' ~c:\--.C(\ Fo.."N"'\''''Z's-\cn tv\ N City State 19S\ Telephone: L..J 1 d.. '-\ - ~ l~ \ Fax: L..J N la, SUBMITTAL REOUlREMENTS Proof of Ownership Application Fee Boundary / Lot Survey .~ ~~ -.--... ,"",,,- .....-. ~ 19nature o~ _. 6 Copies of Site Plan AbstractJResidential List (required 350' from subject property) Torrens (Owner's Duplicate Certificate of Title Required) 11/1'1./1\ 12. ~~* Date Signature 0 _Iican _ . t(I(~( 17 Date Request Submitted to Planni/J staff on Public Hearing Set for: I J. 3 II I I' , II/If /1/ . Advertised in Local Newspaper: For office use only IJh / 1/ , I Planning Commission Action: _Approved City Council Action (if necessary): _Approved Denied _Denied Fee Paid $200 - City of Farmington $46 - Dakota County Recorder Comments: Conditions Set: Planning division: Date: 9/06 DRAFTED BY: City ofFamlington 430 Third Street Farmington, MN 55024 Description of Use for Conditional use Permit 11/18/11 Dr. Regina Brott, D.C. 705 9th S1. Farmington, MN 55024 I am asking permission to use a portion of the lower level of our home as a chiropractic office. I would be using two rooms, one for adjusting and one for my personal office, as well as the bathroom for office use. I plan to see patients 6-8 hours per week: Monday 3-5pm, Wednesday 3-5pm, and Thursday 3-5pm with the possibility of seeing patients by appointment on Saturdays from 1 0-12am if they do not fit into the weekday hours set aside. I would be seeing one patient every 15-30 minutes. In a referral based family practice several patients often come together as a family, which decreases traffic in and out of the driveway. Marketing would primarily be done via referral, which would mean I seldom have 'strangers' coming and going. Permission has already been granted by our home owners association. Thank you for your time and consideration. Sincerely, Dr. Gina Brott 651-724-8721 Print Preview Page 1 of 1 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 192 feet ; N http://gis.co.dakota.mn.us/website/dakotanetgis/printPreview.aspx?PrintOptData=DakotaCounty,MNIOIO... 12/8/2011 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ciJarmington.mn.us TO: Planning Commission FROM: Tony Wippler, Assistant City Planner SUBJECT: Text Amendments Concerning: . Section 10-3-6: Variances · Section 10-4-2: Nonconformities . Section 10-6-18(F): Shore land Management Regulations DATE: December 13,2011 INTRODUCTION Attached, for the Commission's review and recommendation is an ordinance amendment that revises three portions of the City Code. The portions of code that are affected by the proposed revisions are Sections 10-3-6 concerning variances, 10- 4-2 concerning nonconformities, and 10-6-18(F) concerning non conformities within shore land management areas. All three portions of code need to be updated due to changes in state laws. DISCUSSION 10-3-6: Variances: As the Commission is aware, the State Legislature recently amended State Statute regarding variances. This amendment was in response to a Minnesota Supreme Court decision in 2010 that greatly restricted the use of variances within municipalities. With the newly amended statute language, the term "hardship" was eliminated and verbiage added that allows a zoning authority to issue a variance to a zoning control if there are "practical difficulties". "Practical difficulties" are described as follows: . The property owner proposes to use the property in a reasonable manner not permitted by an official control. . The plight of the landowner is due to circumstances unique to the property not created by the landowner; and · The variance, if granted, will not alter the essential character of the locality. The attached ordinance reflects changes to the portion of the City Code regarding variances (10-3-6) that make it consistent with the recently amended State Statute. 10-4-2: Nonconformities: These revisions are necessary due to the fact that the City's code as it relates to nonconformities is somewhat obsolete and overtaken by changes to state laws regulating nonconformities. The main updates to this section are: . Creating a purpose statement/paragraph . Creating a General Provisions section, which include: o Stating that no parcel ofland can be subdivided ifit will cause the lot(s), building(s), structure(s) or use(s) to become nonconforming; o Identifying that nonconformities in the shore land areas are regulated under chapter 6 of Section 10 of the Zoning ordinance; o Clarification on the continuance of legal nonconformities; o Minimum setback requirement for legal nonconforming structures; o Requirement that when a legal nonconforming use has been changed to a conforming use, it cannot be changed back to a nonconforming use; o Requirement that a legal nonconforming use of a structure or lot can be changed to reduce the nonconformity of use, but once it has been changed it cannot be altered to increase the nonconformity. 10-6-18: Shoreland Management Regulations These revisions, similar to the nonconformities and variances, are due largely to the fact this portion of code is outdated and needs to be brought into compliance with current state laws. The main updates to this section are: . Setback requirements from the water for nonconforming structures with less than 50% of the required setback if destroyed by fire or other peril to greater than 50% of its estimated market value; . Regulations for existing nonconforming lots and structures within shoreland areas, including: o Regulations that allow a single nonconforming lot as a building site without approval of a variance; o Regulations that allow an individual lot within a group of two or more lots of record under common ownership to be sold or developed separately; o Regulations regarding the splitting and combining of lots within shoreland areas. ACTION REQUESTED Recommend approval of the attached ordinance amendment to Sections 10-3-6, 10-4-2 and 10-6-18(F) of the Zoning Code and forward that recommendation onto the City Council. Respectfully submitted, ~w~ Tony Wippler, Assistant City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 10-3-6, 10-4-2 AND 10-6-18(F) OF THE ZONING CODE AS THEY RELATE TO VARIANCES, NON CONFORMITIES AND SHORE LAND MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Sections 10-3-6, 10-4-2 and I 0-6-18(F) are amended by adding the underlined language and deleting the strikethrough language below as follows: 10-3-6: VARIANCES: The board of adjustment shall have the power to hear requests for variances from the requirements of any official control including restrictions placed on nonconfonnities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes and the board of adiustment finds that there are practical difficulties in complying with the official control. The board of adiustment may impose conditions in granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. vary from the rcquirements of this title, and to attach conditions to the variance as it deems necessary to assure compliance 'Nith the purpose of this title. "Practical difficulties" as used in connection with the granting of a variance. means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. the plight of the landowner is due to circumstances unique to the property not created by the landowner: and the variance. if granted. will not alter the essential character of the locality. Practical difficulties include but are not limited to inadequate access to direct sunlight for solar energy systems and variances shall be granted for earth sheltered construction as defined in state law when in harmony with the ordinance. (A) The following exhibits shall be required with a variance application unless waived by the zoning officer: 1. A boundary surveyor an area survey including the property in question and up to three hundred feet (300') beyond showing: topography, utilities, lot boundaries, buildings, easements and soil test data if pertinent. 2. A site development plan showing buildings, parking, loading, access, surface drainage, landscaping and utility service. (B) Procedure for obtaining a variance from the regulations of this title are as follows: 1 I. The property owner or agent shall file with the zoning officer an application form together with required exhibits plus a filing fee in an amount established annually by the city council. 2. The zoning officer shall set a public hearing, transmit the application directly to the board of adjustment and mail a notice to property owners adjacent to the subject property disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. 3. The board of adjustment shall, within sixty (60) days of submittal of all required exhibits, approve, deny or approve under conditions accepted by the applicant. (Ord. 002-469, 2-19- 2002) (C) The board of adjustment may vary the regulations of this title ifall of the following requirements are met: (Ord. 00'1 512,8 2 2001) shall not approve any variance request unless they find that practical difficulties as previously defined exist using the following criteria: I. Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this title would cause undue hardship practical difficulties. Economic consideration alone sflal.I. does not constitute an unduc hardship practical difficulties if reasonable use for the property exists under the terms of this title. 2. That the variance would be consistent with the comprehensive plan. 3. That the variance would be in hamlOny with the general purposes and intent of this title. ;1.4. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are notapplicable, generally, to other properties within the same zoning classification. 3-.~ The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. 4: 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. ~ 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety . &.- 8. The requested variance is the minimum action required to eliminate the hardship practical difficulties. 9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one family dwelling as a two family dwelling may be authorized by variance. 2 (D) Upon appeal of a decision by the board of adjustment, the zoning officer shall set a public hearing, transmit the application directly to the city council, and mail a notice to the board of adjustment and property owners adjacent to the subject property disregarding public rights of way. The city council shall, within sixty (60) days of the public hearing, decide to affirm or overturn the decision of the board of adjustment with a four-fifths (4/5) vote of the city council. (Ord. 002-469, 2-19-2002) 10-4-2: NONCONFORMITIES NONCONFORMING USES: (A) Purpose: It is the purpose ofthis section to provide for the regulation of nonconforming buildings. structures. uses. and lots. and to specify those requirements. circumstances, and conditions under which nonconforming buildings. structures. uses. and lots will be operated. maintained. and regulated. It is necessary and consistent with the establishment of this Chapter that nonconforming buildings. structures. uses. and lots not be allowed to continue without restriction. Furthermore. it is the intent of this section that all nonconformities shall be eventually brought into conformity. (B) General Provisions: I. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings. structures. lots or uses becoming nonconforming. (A) The board of adjustment shall have the powcr to authorize changes of lawful nonconforming uscs as a nonconforming use which occupics a portion of a structure may be extended within such structure as it existed ,,,,,hen this zoning title '.vas enactcd but not in violation of the area and yard requirements of the zoning district. EB1 LNonconforming uses Nonconformities in floodplains and shoreland areas shall comply with requirements listed in chapter~ 5 and 6 of this title. respectively. The following provisions shall apply to all other nonconforming uses: +.3. Continuance of Legal Nonconformity: Any legal nonconformingty. including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this chapter. tl-5e may be continued. including through repair. replacement. restoration. maintenance or improvement but may not be extended, expanded or changed unless to a conforming use, except as permitted by the board of adjustment in accordance with the provisions of this title. unless: @tAny nonconforming structure or use damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the county assessor, if replaced, shall conform to the requirements of this title.and no building permit has been applied for within 180 days of when the property was damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adiacent property. 2. A zoning certificate must be obtained within one year by the o'.vner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision '.vhich made the use nonconforming. 3 3. Any nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the county assessor, if replaced, shall conform to the rcquircments of this title. 4, (bLIn the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed. 4. Expansions of lawful nonconfonnities may be permitted by the board of adiustment provided a variance is approved in accordance with Section 10-3-6 of the Zoning Code. 5. Normal maintcnance of a nonconforming structure is acccptable including nonstructural repairs and incidcntal maintenance. (Ord. 002 169, 2 19 2002) 5. The minimum required setback of a principal structure or a structure accessory to a principal structure that has a legally nonconforming setback shall be either the existing setback or the setback as otherwise specified in this chapter. whichever is less. 6. When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use. it shall not thereafter be changed to any nonconforming use. 7. A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed. it shall not thereafter be so altered to increase the nonconformity 10-6-18: SHORE LAND MANAGEMENT REGUALTIONS: (F) Nonconformities: All legally established nonconformities as of the date of this section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback identified in subsection (E)2 from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value. as indicated in the records of the county assessor at the time of damage. the structure setback may be increased if practical and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adiacent property or body of water. I. The following apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements of subsection (E) 1 of this section. A municipality shall regulate the use of nonconfonning lots of record and the repair. replacement. maintenance. improvement. or expansion of nonconforming uses and structures in shore land areas according to the following: (a) A nonconforming single lot of record located within the shoreland area may be allowed as a building site without variances from lot size requirements. provided that: i. all structure and septic setback distance requirements can be met: II. a Type 1 sewage treatment system consistent with Minnesota Rules. chapter 7080. can be installed or the lot is connected to public sewer: and III. the impervious surface coverage does not exceed 25 percent of the lot. 4 (b) In a group of two or more contiguous lots of record under common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: i. the lots must be at least 66 percent of the dimensional standard for lot width and lot size for the shore land classification consistent with Minnesota Rules. chapter 6120; H. the lot must be connected to a public sewer. if available. or must be suitable for the installation of a Type I sewage treatment system consistent with Minnesota Rules. chapter 7080. and local government controls; HI. impervious surface coverage must not exceed 25 percent of each lot; and IV. the development of the lot must be consistent with an adopted comprehensive plan. ( c) A lot subject to subsection (b) above not meeting the requirements of subsection (b) above must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (d) Notwithstanding subsection (b) above. contiguous nonconforming lots of record in shoreland areas under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for. or served by. a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules. chapter 7080. or connected to a public sewer. (e) In evaluating all variances. zoning and building permit applications. or conditional use requests. the zoning authority shall require the property owner to address. when appropriate. storm water runoff management. reducing impervious surfaces, increasing setback. restoration of wetlands. vegetative buffers. sewage treatment and water supply capabilities. and other conservation-designed actions. (f) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adiacent parcel. I. Construction On NonconfOlming Lots of Record: (a) Lots of record in the office of the county recorder on the date of enactment of local shore land controls that do not meet the requirements of subsection (E) 1 of this section may be allov,'ed as building sites without ','arianee from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate o'.vnership from abutting lands at all times since it became substandard, 'Nas created compliant with official controls in effect at the time, and se',vage treatment and setback requirements of subsection (E) 1 of this section are met. (b) ,A. variance from setback requirements must be obtained before any use, se'Nage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot, and shall deny the variance if adequate facilities cannot be provided. 5 SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this Farmington. day of ,20_, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: David McKnight, City Administrator SEAL: Approved as to form the _ day of ,20_. By: City Attorney Published in the Farmington Independent the day of ,20_. 6 CITY OF FARMINGTON COUNTY OF DAKOTA STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 10-3-6, 10-4-2 AND 1O-6-18(F) OF THE ZONING CODE AS THEY RELATE TO VARIANCES, NONCONFORMITIES AND SHORE LAND MANAGEMENT REGULATIONS NOTICE IS HEREBY GIVEN that, on December 19,2011, Ordinance No. adopted by the City Council of the City of Farmington, Minnesota. was NOTICE IS FURTHER GIVEN that, because ofthe lengthy nature of Ordinance No. , the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the Section 10-3-6,10-4-2 and 10-6-l8(F) amendments change the city's zoning regulations regarding variances, nonconformities and shoreland management. The updates are intended to reflect changes in state law. The amendments eliminates the term "hardship" from the variance regulations (Section 10-3-6) and adds verbiage that allows a zoning authority to issue a variance to a zoning control ifthere are "practical difficulties" identified. The amendments within Section 10-4-2 of the City Code (Nonconformities) create a purpose statement and a general provisions section that include regulations for subdividing nonconforming parcels, clarification on the continuance of legal nonconformities, and minimum setback requirements for legal nonconforming structures. The amendments to the shoreland management regulations (Section 10-6-l8(F)) include setback requirements from the water for nonconforming structures with less than 50% of the required setback if destroyed by fIre or other peril to greater than 50% of its market value as well as various regulations for existing nonconforming lots and structures within the shoreland areas. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. The ordinance is also available on the city's internet home page. APPROVED for publication by the City Council of the City of Farmington this ,2011. day of _ CITY OF FARMINGTON By: Todd Larson, Mayor By: David McKnight, City Administrator Approved as to form this _ day of , 2011. By: Joel Jamnik, City Attorney Published in the Farmington Independent the day of ,2011.