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HomeMy WebLinkAbout2010-17 Amending Section 850 ORDINANCE 2010-17 AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING BUILDINGS AND USES AND ADDITIONS TO OR REPLACEMENT OF HOMES WITH A FIRST FLOOR ELEVATION OVER ONE FOOT ABOVE THE EXISTING HOMES FIRST FLOOR ELEVATION The City Of Edina Ordains: Section 1. Section 850.07 Subd. 20. A. is repealed: A. Non_2e4erFROAg uses. ARy n _eenfeFming a may ntinueyirderd r � 1 It shall net be expaR decd eeewpy a !aFgeY Per+ieR of a building er let, e.- be he exteA decd +e etheii:buildings eF lets-, 2. --;hall I+ + hplarzewith a e+he.-n Rfe...,i.,e . Ree .a .d -A. It shall net be Fesumed if it is.dim nti., e.d fe yeaF r lengeF; ,,,d there-after sh-all he ...-a de of the b uil.diRg e.-let-. Section 2. Section 850.07 Subd. 20.B is amended to read: A. Nonconforming Buildings. 1. Alterations, Additions and Enlargements. a. A nonconforming building, other than a single dwelling unit building, shall not be added to or enlarged, in any manner, or subjected to an alteration involving fifty percent(50%) or more of the gross floor area of the building, or fifty percent (50%) or more of the exterior wall area of the building, unless such non-conforming building, including all additions, alterations and enlargements, shall conform to all of the restrictions of the district in which it is located. The percentage of the gross floor area or exterior wall area subjected to an alteration shall be the aggregate percentage for any consecutive three (3) year period. b. Alternate setbacks. An addition to a single dwelling unit building with a nonconforming setback, or an addition to a structure accessory to a single dwelling unit building with a nonconforming setback, may be constructed within the existing nonconforming setback, which is the shortest distance from the applicable lot line to the existing structure, subject to the following limitations: i. the addition shall not exceed the existing square footage encroachment into the nonconforming setback or two hundred (200) square feet, whichever is less; and ii. the addition may only be constructed on the same floor as the existing encroachment into the nonconforming setback. 2. Nonconformities. Except as provided in Section 850.21, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of Ordinance No. 2010-17 Page 2 an additional control under this Chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this Chapter, unless: a. the nonconformity or occupancy is discontinued for a period of more than one (1)year; or b. any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In these cases,the city of Edina may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Section 3. Section 850.11 (R-1, Single Dwelling Unit District) Subd. 2. Conditional Uses; is amended to add the following: I. Additions to or replacement of single dwelling unit buildings with a first floor elevation of more than one (1) foot above the existing first floor elevation of the existing dwelling unit building. Such additions to or replacements of single dwelling unit buildings must meet one or more of the first three (3) conditions listed below, and always meet condition four (4). 1. The first floor elevation may be increased to the extent necessary to elevate the lowest level of the dwelling to an elevation of two (2) feet above the 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA), or the City's Comprehensive Water Resource Management Plan; or 2. The first floor elevation may be increased to the extent necessary to reasonably protect the dwelling from ground water intrusion. Existing and potential ground water elevations shall be determined in accordance with accepted hydrologic and hydraulic engineering practices. Determinations shall be undertaken by a professional civil engineer licensed under Minnesota Statutes Chapter 326 or a hydrologist certified by the American Institute of Hydrology. Studies, analyses and computations shall be submitted in sufficient detail to allow thorough review and approval; or 3. The first floor elevation may be increased to the extent necessary to allow the new building to meet State Building Code, City of Edina Code, or other statutory requirements; and 4. An increase in first floor elevation will only be permitted if the new structure or addition fits the character of the neighborhood in height, mass and scale. Section 4. Section 850.11 Subd. 7. H. is hereby amended as follows: H. Additions to or replacement of, single dwelling unit buildings and buildings containing two dwelling units. For additions, alterations and changes to, or rebuilds of existing single dwelling unit buildings and buildings containing two dwellings, the first floor elevation may not be more than one foot above the existing first floor elevation. If a split level dwelling is torn down and a new home is built,the new first floor or entry level elevation may not be more than one foot above the front entry elevation of the home that was torn down. Subject to Section 850.11 • -Ordinance No. 2010-17 Page 3 Subd. 2. I. the first floor elevation may be increased more than one (1) foot. The provisions of this paragraph shall apply to all single dwelling unit buildings and buildings containing two dwelling units including units in the flood plain overlay district. Any deviation from the requirements of this paragraph shall require a variance. Section 5. Section 850.12 (R-2, Double Dwelling Unit District) is amended to add the following: Subd. 3. Conditional Uses. A. Additions to or replacement of single dwelling unit buildings and buildings containing two (2) dwelling units with a first floor elevation of more than one (1)foot above the existing first floor elevation of the existing dwelling unit building. Such additions to or replacements of single or two dwelling unit buildings must meet one or more of the first three (3) conditions listed below, and always meet condition four(4). 1. The first floor elevation may be increased to the extent necessary to elevate the lowest level of the dwelling to an elevation of two (2) feet above the 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA), or the City's Comprehensive Water Resource Management Plan; or 2. The first floor elevation may be increased to the extent necessary to reasonably protect the dwelling from ground water intrusion. Existing and potential ground water elevations shall be determined in accordance with accepted hydrologic and hydraulic engineering practices. Determinations shall be undertaken by a professional civil engineer licensed under Minnesota Statutes Chapter 326 or a hydrologist certified by the American Institute of Hydrology. Studies, analyses and computations shall be submitted in sufficient detail to allow thorough review and approval; or 3. The first floor elevation may be increased to the extent necessary to allow the new building to meet State Building Code, City of Edina Code, or other statutory requirements; and 4. An increase in first floor elevation will only be permitted if the new structure or addition fits the character of the neighborhood in height, mass and scale. Section 6. This ordinance is effective immediately upon its passage and publication. First Reading: November 16, 2010 Second Reading: December 21, 2010 Published: December 30, 2010 Attest: Auva V Debra A. Mangen, City C rk James B. Hovland, Mayor PLEASE PUBLISH IN THE EDINA SUN CURRENT,THURSDAY, DECEMBER 30, 2010 SEND TWO AFFIDAVITS OF PUBLICATION BILL TO EDINA CITY CLERK Citof Edina I. Additions to or replacement of sin- to Statutes Chapter 326 or a hydrolo- y gle dwelling unit buildings with a first gist certified by the American Institute (Official Publication) floor elevation of more than one(1)foot of Hydrology. Studies, analyses and above the existing first floor elevation computations shall be submitted in suf- ORDINANCE 2010-17 of the existing dwelling unit building. ficient detail to allow thorough review AN ORDINANCE AMENDING THE Such additions to or replacements of and approval;or ZONING ORDINANCE single dwelling unit buildings must 3. The first floor elevation may be in- CONCERNING NONCONFORMING meet one or more of the first three(3) creased to the extent necessary to BUILDnewspapers ADDIT ONINGS AND USES AND STO OR REPLACEMENT meeticondition fourons listed (4). and always Bu�ding Code,City w the new sof Edi a Code,to meet or OF HOMES WITH A FIRST FLOOR 1. The first floor elevation may be in- other statutory requirements;and AFFIDAVIT OF PUBLICATION ELEVATION OVER ONE FOOT creased to the extent necessary to el- 4. An increase in first floor elevation ABOVE THE EXISTING HOMES evate the lowest level of the dwelling to will only be permitted if the new struc- STATE OF MINNESOTA FIRST FLOOR ELEVATION an elevation of two(2)feet above the ture or addition fits the character of the The City Of Edina Ordains: 100-year flood elevation, as estab- neighborhood in height, mass and ss. Section 1. Section 850.07 Subd.20. lished by the Federal Emergency Man- scale. A.is repealed: agement Agency(FEMA),or the City's Section 6. This ordinance is effective COUNTY OF HENNEPIN ) Comprehensive Water Resource Man- immediately upon its passage and agement Plan;or publication. Richard Hendrickson, being duly sworn on ad-SHei: 2. The first floor elevation may be in- First Reading: November 16,2010 an oath,states or affirms that he is the Chief creased to the extent necessary to rea- Second Reading:December 21,2010 sonably protect the dwelling from Published: December 30,2010 Financial Officer of the newspaper(s)known ground water intrusion. Existing and Attest: as it potential ground water elevations shall Debra A.Mangen,City Clerk Edina Sun-Current be determined in accordance with ac- James B.Hovland,Mayor 4, cepted hydrologic and hydraulic engi- (Jan 6,2011)D1 Ord.#2010-17 neering practices. Determinations q, 11 dillISSR14RWOd ORd FS shall be undertaken by a professional civil engineer licensed under Minneso- and has full knowledge of the facts stated to Statutes Chapter 326 or a hydrolo- belOW: gist certified by the American Institute Section 2. Section 850.07 Subd.20.B of Hydrology. Studies, analyses and (A)The newspaper has complied with all of is amended to read: computations shall be submitted in suf- the requirements constituting UaIIfICa- Nonconforming Buildings. ficient detail to allow thorough review q g q 1. Alterations,Additions and Enlarge- and approval;or tion as a qualified newspaper as provid- meats. 3. The first floor elevation may be in- ed b Minn. Stat. 331A.02, 331A.07, a. A nonconforming building, other creased to the extent necessary to y § § than a single dwelling unit building, allow the new building to meet State and other applicable laws as amended. shall not be added to or enlarged, in Building Code,City of Edina Code,or ruany manner,or subjected to an alter- other statutory requirements;and (B)The printed public notice that is attached ation involving fifty percent (50%) or 4. An increase in first floor elevation was published In said newspaper(s) more of the gross floor area of the will only be permitted if the new struc- once each week,for One SUCCeSSIve building,or fifty percent(50%)or more ture or addition fits the character of the of the exterior wall area of the building, neighborhood in height, mass and week(s); it was first published on Thurs- unless such non-conforming building, scale. day,the 6 day of Januaryincluding all additions,alterations and Section 4. Section 850.11 Subd.7.H. enlargements, shall conform to all of is hereby amended as follows: 2011, and was thereafter printed and the restrictions of the district in which it H. Additions to or replacement of,sin- published on every Thursday to and In- is located.The percentage of the gross gle dwelling unit buildings and build- floor area or exterior wall area subject- ings containing two dwelling units.For cluding Thursday, the _ day of ed to an alteration shall be the aggre- additions,alterations and changes to, 2010;and printed gate percentage for any consecutive or rebuilds of existing single dwelling below is a co Of the lower C1Se alpha- three(3)year period. unit buildings and buildings containing copy p b. Alternate setbacks.An addition to two dwellings, the first floor elevation bet from A to Z, both Inclusive, Which Is a single dwelling unit building with a may not be more than one foot above hereby acknowledged as being the size nonconforming setback,or an addition the existing first floor elevation.If a split y g g to a structure accessory to a single level dwelling is torn down and a new and kind of type used in the composition dwelling unit building with a noncon- home is built,the new first floor or entry and UbIlCatlOn Of the notice: forming setback, may be constructed level elevation may not be more than p within the existing nonconforming set- one foot above the front entry elevation back, which is the shortest distance of the home that was torn down.Sub- abcdefghijklmnopgrstuvwxyz from the applicable lot line to the exist- ject to Section 850.11 Subd.2.1.the ing structure, subject to the following first floor elevation may be increased limitations: more than one(1)foot.The provisions i. the addition shall not exceed the of this paragraph shall apply to all sin- existing square footage encroachment gle dwelling unit buildings and build- into the nonconforming setback or two ings containing two dwelling units in- BY: d � hundred(200)square feet,whichever cluding units in the flood plain overlay is less;and district.Any deviation from the require- ii. the addition may only be con- merits of this paragraph shall require a CFO strutted on the same floor as the ex- variance. isting encroachment into the noncon- Section 5. Section 850.12(R-2,Dou- forming'setback. ble Dwelling Unit District)is amended 2. Nonconformities.Except as provid- to add the following: Subscribed and sworn to or affirmed ed in Section 850.21,any nonconfor- Subd.3. Conditional Uses. mity,including the lawful use or occu- A. Additions to or replacement of sin- before me on this 6 day of pation of land or premises existing at gle dwelling unit buildings and build- January 2011. the time of the adoption of an addition- ings containing two(2)dwelling units al control under this Chapter, may be with a first floor elevation of more than continued,including through repair,re- one(1)foot above the existing first floor placement, restoration, maintenance, elevation of the existing dwelling unit or improvement,but not including ex- building.Such additions to or replace- pansion,except as specifically provid- ments of single or two dwelling unit y ed in this Chapter,unless: buildings must meet one or more of the Notary Public a. the nonconformity or occupancy is first three (3)conditions listed below, discontinued for a period of more than and always meet condition four(4). one(1)year;or 1. The first floor elevation may be in- b. any nonconforming use is de- creased to the extent necessary to el- DIANE E I S Q N stroyed by fire or other peril to the ex- evate the lowest level of the dwelling to tent of greater than fifty percent(50%) an elevation of two(2)feet above the of its market value,and no building per- 100-year flood elevation, as estab- v i u�ur. r,nrirlFSpTn mit has been applied for within one lishedbytheFederalEmergencyMan- E�f�'IYO,T,A ,tomm_F xi, J,- 31 2015 hundred eighty(180)days of when the agement Agency(FEMA),or the City's property is damaged.In these cases, Comprehensive Water Resource Man- the city of Edina may impose reason- agement Plan;or able conditions upon a building permit 2. The first floor elevation may be in- in order to mitigate any newly created creased to the extent necessary to rea- impact on adjacent property.Any sub- sonably protect the dwelling from sequent use or occupancy of the land ground water intrusion. Existing and or premises shall be a conforming use potential ground water elevations shall or occupancy. be determined in accordance with ac- Section 3. Section 850.11 (R-1, Sin- cepted hydrologic and hydraulic engi- gle Dwelling Unit District) Subd. 2. neering practices. Determinations Conditional Uses;is amended to add shall be undertaken by a professional the following: civil engineer licensed under Minneso-