Agenda - Planning Commission - 06/02/2011 - Special Jt Mtg w CC

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Minn. Stat. § 462.357, subd. le (c) Minn. Stat. § 462.357, subd. 1 f. Minn. Stat. § 462.357 subd. le(2) Minn. R. ch. 7080 Cities can also regulate nonconforming uses and structures to maintain eligibility in the National Flood Insurance Program. State law specifically authorizes city regulation of nonconforming uses to mitigate potential flood damage or flood flow. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy 2. Shoreland legal nonconformities a. All shoreland Tots When a nonconforming structure in a shoreland district, as defined by local ordinance, with less than 50 percent of the required setback 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 by the city if practicable and reasonable conditions may be placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. In addition, nonconforming 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 for lot size or lot width have additional state law protections. The city may (but is not required to) allow this type of lot to be used as a building site if: • All structure and septic system setback distance requirements can be met. • A Type 1 sewage treatment system, consistent with Minn. R. ch. 7080, can be installed or the lot is connected to a public sewer. • The impervious surface coverage does not exceed 25 percent of the lot. In evaluating all variances, zoning and building permit applications, or conditional use requests related to nonconforming shoreland lots, the city must require the property owner to address, when appropriate: 48 LEAGUE OF MINNESOTA CITIES