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HomeMy WebLinkAboutResolution 95-69RESOLUTION NO. 95-69 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS BUILDING LOCATED AT 411 40TH AVENUE NORTHEAST WHEREAS, there is an abandoned building located at 411 40th Avenue which has been vacant since August, 1989, and WHEREAS, the property at 411 40th Avenue Northeast has gone tax-forfeit and Anoka County intends to put it up for sale, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this abandoned property to be hazardous and non-conforming based on the following code violations as contained in the Findings of Fact: Findings of Fact Zoning non-conformities Sec. 9.104(3) (1) Single family residential type buildings in a commercial zone. 9.104(3) Non-Conforming Uses and Structures (a) Any structure or use lawfully existing upon the effective date of this Ordinanceor an amendment thereto may be continued at the size and in a manner or operation existing upon such date except as hereinafter specified and such USe shall be a non-conforming use. (2) years. Building non-conforming use discontinued since August of 1989--a period of more than 6 9.104(3) (f) Whenever a non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. (3) The valuation for 1995 as established by Anoka County Assessors is $3,900 for structures and $22,600 for land. The low valuation is due in part to the damage and delapidation caused by water when the boiler went out and the heating and water supply lines froze and burst. The structure now has damage from mold, mildew and dry rot. 9.104(3) (e) Whenever a non-conforming building or structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or a~t of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is fifty percent (50%) or more of its fair market value, in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. NOW, THEREFORE, BE IT RESOLVED, based on the Building Inspector's conclusions that the structure at 411 40th Avenue Northeast is substandard and seriously deteriorated, that it lacks minimum standards for habitable space per Ordinance No. 1281 of the Columbia Heights Zoning Code, and that the structure is non-conforming by its location and type, the Building Inspector is recommending the structures be removed. BE IT FURTHER RESOLVED, that the City Council has approved the following Conclusions: CONCLUSIONS OF COUNCIL That all relevant parties have been duly notified that the Council will be considering this issue on October 23, 1995. That the vacant and abandoned structure on the tax-forfeit property located at 411 40th Avenue Northeast is hazardous and in violation of many code and ordinance requirements. That the structure cannot be rehabilitated to bring it into compliance with City codes and ordinance requirements. ORDER OF COUNCIL The property owner, Anoka County, is hereby directed to raze the hazardous structure located at 411 40th Avenue Northeast, pursuant to Minnesota Statute 463.15 to 463.26. Passed this 23 rdday of October , 1995 Offered by:' Peter son Seconded by: Sturdevant Roll call: A]] ayes ne. Stu-de~t',t 'Cbunc i. 1 Secretary ~-~a~o-r~Josep~ S turd~vant -