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Regular Planning Commission <br />Meeting Date: 07/28/2022 <br />By: Todd Larson, Community Development <br />6. 4. <br />Information <br />Title: <br />PUBLIC HEARING: An ordinance amending Section 117-57 (Nonconforming Structures and Land Use) to <br />establish legal nonconformities resulting from a public action. <br />Purpose/Background: <br />Representatives from Anoka County are working with property owners on acquisitions for the upcoming Highway <br />10/Ramsey Gateway project. Some of the acquisitions will seem relatively minor --a few feet off the front of a <br />property, for example. In some of these cases, the loss of just a few feet will put the existing buildings out of <br />conformance with the setback rules for the zoning districts those buildings are in, even though they were <br />constructed legally. The taking then makes the structure a non -conformity. The same thing could occur with a <br />minimum lot area requirement. <br />Many communities have a provision in their City Codes calling out this type of non -conformity as a legal <br />nonconformity giving the property owner rights to make improvements to the property and/or structure. Ramey's <br />City Code discusses nonconformities, but is silent with the takings scenario. Anoka County representatives are <br />recommending adding a section to assist the property owners after portions of their properties are taken for the road <br />project. <br />A second clause is proposed that would give the Planning Commission the ability to consider a taking as a practical <br />difficulty for a variance request should the property owner desire to make more improvements to the property. The <br />Commission will still have to determine if the request that property owner is making is reasonable. <br />Notification: <br />A public hearing notice was published in the July 28 Anoka County Union Herald. <br />Observations/Alternatives: <br />1. Recommend approval of the ordinance as recommended by staff. <br />2. Recommend approval of the ordinance with modifications. <br />3. Recommend denial of the ordinance keeping the existing regulations in place. <br />Funding Source: <br />None associated with this request. <br />Recommendation: <br />Recommend approval of the ordinance as recommended by staff. <br />Action: <br />Motion to recommend approval of Ordinance #22-23 amending Section 117-57 of City Code pertaining to <br />nonconforming structures and uses. <br />Attachments <br />Draft Ordinance #22-23 <br />