HomeMy WebLinkAboutHousing & Redevelopment Authority, Addendum Report, 701 Planning Study 0 _
cik
rR s a3a
•
• hti
minnetota
housing and redevelopment authority
addendum report 701 planning study
toy., * ' P.:11* 4- , ''.1
�a '�� northwest associated consultants, inc.
INTRODUCTION
i
During the course of the 701 Planning Study, an issue emerged in Oak
Park Heights relative to the conversion of rental housing units into con-
dominiums. As pointed out in the City' s Comprehensive Plan - Housing
Plan (June 1979) , over thirty percent of the City's housing stock is ren-
ter occupied. To a significant extent, these units are rented by elderly
and low to moderate income families and individuals.
While recognizing national and regional economic conditions as well as
investor' s objectives and interests, the City became concerned that the
availability of rental housing could be significantly reduced if condomin-
ium conversion trends continued at the rates experienced in 1979 and 1980.
Additionally, concern was directed towards the treatment of rental tenants
occupying buildings which were or could be converted to individual unit
ownership.
In response to this situation, the City Planner and City Attorney
researched various alternative means whereby condominium conversions
could be controlled. This effort resulted in the preparation of a Zon-
ing Ordinance text amendment which was enacted by the City Council on 27
April 1981. It is believed that the Ordinance which is cited in the fol-
lowing pages is a unique, progressive step by the community of Oak Park
Heights to maintain and preserve housing choice and opportunity.
•
CONDOMINIUM REGULATIONS
410
ORDINANCE NO, 401-8110
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE 1980 CODE OF ORDINANCES FOR THE CITY
OF OAK PARK HEIGHTS BY AMENDING CHAPTER 400 RELATING TO ZONING
BY AMENDING SECTION 401 .07 D.2 AND ADDING SECTIONS 401 .14 B. 11 .d.,
401 .14 B. 11 .e. (1) (a-f) (2, 3), 401 . 14 B. 11 .f., AND 401 .14 B. 11 .g., AND
AMENDING SECTION 401 .14 D.2.b.5., ALL RELATING TO THE CONSTRUCTION
OF CONDOMINIUMS AND CONDOMINIUM CONVERSION.
Section 1 . Amendment. Section 401 .07 D.2. of the 1980 Code of Ordinances
for the City of Oak Park Heights is hereby deleted in its entirety and the following
paragraph is substituted therefore, amending same to read as follows:
401 .07.D.2. Townhouses, quadraminiums, cooperatives and condominiums
as defined in Section 401 .02 of this Ordinance, provided that the regulations
and requirements of Section 401 .14 are satisfactorily completed and met."
Section 2. Amendment. Section 401 .14 of the 1980 Code of Ordinances
• for the City of Oak Park Heights is hereby amended by adding the following section,
reading as follows:
"401 .14.B.11 . The following requirements shall be imposed in addition to
the general requirements set forth in this section with regard to any applica-
tions for condominium conversions:
401 .14.8.11 .d.
Condominium development and conversions shall be in compliance
and adhered to the Uniform Condominium Act Laws of Minnesota -
1980 Chapter 582 as may be amended.
401 .14.8.11 .e.
1 . Application. No application for permit for condominium conversion
shall be accepted by the City Clerk without the written verification of
the applicant on a form to be prescribed by the City Clerk, of the
following information:
S
a. That there have been no increases in rent with regard to
11111 rental units proposed to be converted to condominiums by the
applicant within one hundred twenty (120) days immediately
preceding the filing of the application.
b. That there have been no evictions of tenants for reasons other
than waste, non-payment of rent, or willful damage to property
from rental units proposed to be converted to condominiums within
one hundred twenty (120) days immediately preceding the filing
of the application.
c. The names and addresses of all tenants or subtenants occupying
rental units proposed to be converted to condominiums by the
applicant.
d. The names and addresses of any individuals occupying a rental
unit proposed to be converted to a condominium who are either
sixty-two (62) years of age or older, or handicapped, as that
term is defined in Minnesota Statutes 129A.01 .
e. A statement by the applicant that he has provided by mail a true
and correct copy of his application to any and all occupants of
rental units proposed to be converted to condominiums.
• f. A statement by the applicant identifying the fee owner, or owners
of the premises to be converted into condominiums, further identify-
ing all lien holders and/or persons having or claiming to have an
interest of record in and to the structure.
2. Building Standards. Any structure proposed to be converted into a condo-
minium shall be made to comply with the building code of the City of Oak
Park Heights, and no sale or transfer of any unit therein for the purposes
of occupancy or otherwise shall be allowed without the written certifica-
tion by the building official for the City of Oak Park Heights that the
proposed condominium structure and all dwelling units contained therein
comply with all applicable building code specifications of the City of
Oak Park Heights.
S
2
3. Notice and Hearing. In addition to the notice and hearing requirements
otherwise set forth herein, the applicant shall provide to the City Clerk
written verification that written notice has been supplied to each occupant
or lessee of the dwelling unit or apartment, stating the time, place and
purpose of all hearings to be held with regard to his request for condo-
minium conversion. The applicant shall also provide notice to the
occupants and lessees of any dwelling unit or apartment building proposed
to be converted into condominium use with notice that they shall be
provided, upon their request, with access to all data in the possession of
the applicant to be presented to the City Council by the applicant in
advance of any hearing to be held thereon.
401 .14.B.11 .f. No application for condominium conversion shall be approved
where the proposed conversion is not in compliance with the City's adopted
Comprehensive Plan and adopted Housing Plan.
401 .14.8.11 .g. In addition to the rights and privileges of occupants, tenants,
or subtenants as set forth in Minnesota Statutes 515A 4-110, the applicant shall
be required as a condition of any condominium conversion approved by the City
of Oak Park Heights that all tenants or subtenants in possession of any structure
proposed to be converted to condominium use who are sixty-two (62) years of
age or older or handicapped, as that term is defined in Minnesota Statutes 129A.
O1, who do not elect to purchase that or any unit in the building as a condo-
• minium or who do not enter into a separate agreement extending their tenancy
with the owner and/or applicant beyond the time of actual conversion to con-
dominium units shall be provided by the applicant with relocation benefits to
defray the actual expense of relocating or moving up to an amount not to
exceed three hundred dollars ($300.00)."
Section 3. Amendment. Section 401 .14.D.b.5. of the 1980 Code of Ordinances
for the City of Oak Park Heights is hereby deleted in its entirety and the following
paragraph is substituted therefor, amending same to read as follows:
"401 .14.D.2.b.5. The City Council reviews all recommendations and
approves/denies application(s). No application for condominium con-
version shall be approved, except by four-fifths (4/5) vote of the full
City Council . "
Section 4. Effective Date. This Ordinance shall take effect and be in full force
from and after its passage and publication according to law.
Passed by the City Council of the City of Oak Park Heights, Washington County,
Minnesota, this 27th day of April, 1981 .
• Donald Mondor s/s
Donald Mondor, Mayor
LaVonne Wilson s/s
LaVonne Wilson, City Clerk
3