4b1 PCMemoNonconformitiesPublic Hearing 2.2.16Memorandum
To: Scandia Planning
Commission
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
From: Sherri Buss, RLA AICP,
Planner
Date: January 18. 2016
Reference: Nonconforming Uses in
Shoreland—Public Hearing for
Proposed Amendment
Project No.: 16023.000
Routing:
The City has received questions from a property owner in the Shoreland District about the
zoning requirements for replacement of an existing structure vs. the repair, expansion or
alteration of the structure on a legal, nonconforming lot. He asked about how much of the
building needed to remain in order for the activity to be considered an alteration of the existing
structure, so that the action could be approved by an administrative permit, rather than a
replacement, which would require a variance on the specific location under consideration,
because the lot does not have 66% of the area of the minimum lot size in the zoning district.
The City Administrator and Planner have consulted with the DNR about the criteria that the
agency uses to determine the distinction between "replacement" and "expansion" of an existing
structure in Shoreland areas. The criteria could be added to the Development Code so that this
information is readily available to applicants.
Potential Amendment
An amended version of the Development Code section on Nonconforming Structures is
attached for the public hearing scheduled on February 2. The Planner updated the amendment
to address Planning Commission comments at the January meeting—suggesting that the
language be changed to clarify the differences between replacement, restoration, and alteration
of structures, since the distinction in terms and requirements were not clear in the previous
draft. The Planner has edited the amendment language to clarify as follows:
Replacement occurs when repair or replacing the structure would exceed 50% of the
appraised value of the original structure.
Restoration occurs when more than 50% of the appraised value is lost due to fire or
other peril (consistent with State Statutory requirements for legal nonconforming
structure restoration).
Alteration occurs when the changes are less than or equal to 50% of the appraised value
of the original structure.
Expansion occurs when the existing structure remains in-place and is made larger.
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Memorandum
To: Scandia Planning
Commission
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
From: Sherri Buss, RLA AICP,
Planner
Date: January 18. 2016
Reference: Nonconforming Uses in
Shoreland—Public Hearing for
Proposed Amendment
Project No.: 16023.000
Routing:
The City has received questions from a property owner in the Shoreland District about the
zoning requirements for replacement of an existing structure vs. the repair, expansion or
alteration of the structure on a legal, nonconforming lot. He asked about how much of the
building needed to remain in order for the activity to be considered an alteration of the existing
structure, so that the action could be approved by an administrative permit, rather than a
replacement, which would require a variance on the specific location under consideration,
because the lot does not have 66% of the area of the minimum lot size in the zoning district.
The City Administrator and Planner have consulted with the DNR about the criteria that the
agency uses to determine the distinction between "replacement" and "expansion" of an existing
structure in Shoreland areas. The criteria could be added to the Development Code so that this
information is readily available to applicants.
Potential Amendment
An amended version of the Development Code section on Nonconforming Structures is
attached for the public hearing scheduled on February 2. The Planner updated the amendment
to address Planning Commission comments at the January meeting—suggesting that the
language be changed to clarify the differences between replacement, restoration, and alteration
of structures, since the distinction in terms and requirements were not clear in the previous
draft. The Planner has edited the amendment language to clarify as follows:
Replacement occurs when repair or replacing the structure would exceed 50% of the
appraised value of the original structure.
Restoration occurs when more than 50% of the appraised value is lost due to fire or
other peril (consistent with State Statutory requirements for legal nonconforming
structure restoration).
Alteration occurs when the changes are less than or equal to 50% of the appraised value
of the original structure.
Expansion occurs when the existing structure remains in-place and is made larger.
An employee owned company promoting affirmative action and equal opportunity