11-15-2021 Planning Commission Packet

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b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory 4111/ buildings may be expanded provided: 1. That the expansion does not occupy any space within a non-conforming area that was previously not occupied either vertically or horizontally,and complies with all height, setback,and hardcover and lot coverage requirements of the district in which it is located. 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located,the expansion shall meet all height,setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an accessory structure encroaches upon the lot line setback,the city will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks. (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of the Zoning Code. (5) Prior permit.Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this section, and continues to completion within two years.Such structure shall thereafter be a legally existing nonconforming structure. (Ord. No.33 3rd series, §1,2-27-2006;Ord. No.85 3rd series,§1,2-14-2011;Ord. No. 154 3rd series, §1,8-10- 2015) Editor's note(s)—Ord. No.33 3rd series, § 1,adopted Feb.27,2006, repealed the former§78-71,and enacted a new§78-71 as set out herein.The former§78-71 pertained to nonconforming uses and derived from Code • 1984, §10.03(5). Sec. 78-72. Lots of record. (a) A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the register of deeds or the registrar of titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. (b) A lot of record located within an R(Residential)or RR(Rural Residential)district but not within the Shoreland Overlay district, RS Seasonal Recreational district, or any of the LR-Lakeshore Residential districts,which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director,such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and served by public sanitary sewer.A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre,which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if all other requirements of the underlying zoning district are met,including but not limited to required yards, setbacks, lot coverage by structures, hardcover,etc. However,the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R or RR districts of greater than one acre and served by public sanitary sewer.A lot of record in any R or RR district in the city in excess of one acre which does not meet the requirements of this chapter as Created: 2021-08-18 14:28:56 [EST] • (Supp. No.19,Update 4) Page 3 of 5