The city council of the City of Excelsior makes the following findings and declaration of policy:

(a)

The City of Excelsior is a community of unique character. Its single-family housing stock and historic downtown have evolved gradually since the city was first platted in the mid-1850's. The resulting diverse collection of single-family structures in the community has created a small-town character that has made the city an especially desirable place to live.

(b)

As a result of that desirability, the city has in recent years experienced a surge in single-family residential redevelopment activity. While some of that redevelopment has taken the form of renovations to existing structures, much of it has come from replacement of existing structures with entirely new houses. As these existing structures have been replaced by new structures, the very character that has made the city such a uniquely desirable place to live is being threatened.

(c)

The city council finds that traditional zoning regulations (imposing setback, height, and lot/hardcover requirements), while necessary, are not sufficient to preserve the small-town character that has made Excelsior such a desirable place to live. Such traditional regulatory tools fail to ensure that new residential structures are compatible with the neighborhoods within which they are built. The good neighbor guidelines adopted by this article and the process this article creates to apply those guidelines are necessary to ensure that new structures are compatible with and relate to their surrounding neighborhoods so that they will complement and enhance the very character that attracted their new property owners to Excelsior.

(d)

The process adopted by this article is designed to balance the community's compelling interest in preserving its character with the property owner's right to control over development of her property. To that end, the ordinance creates a residential review process ("RRP") to apply the standards in the good neighbor guidelines. The process by which the RRP applies these standards is intended to encourage collaboration between the community and the property owner. The new ordinance is not intended to discourage residential redevelopment or substitute the community's design taste and judgment for that of the property owner. It is intended, instead, to ensure that new residential redevelopment preserves and enhances the special character that has made the community so desirable for both existing and new residents.

(e)

The purposes of this chapter are to:

(1)

Regulate mass and scale, bulk and orientation of new construction and remodeling;

(2)

Ensure compatibility of new construction and remodeling with existing surrounding properties;

(3)

Preserve tree canopy, green space, air and light for existing surrounding properties;

(4)

Protect and enhance the City of Excelsior's appeal and attraction to residents and visitors;

(5)

Nothing in this chapter shall be construed to regulate architectural design of new construction and remodeling unless it affects mass, scale, bulk and/or orientation.

(Ord. No. 610, § 7, 9-9-2020)

Prior to filing a formal application for the residential review process as hereinafter provided, a prospective applicant may present a sketch plan to the zoning administrator for review. The procedures for sketch plan review are found in section 9-3 of this Appendix E.

(Ord. No. 610, § 7, 9-9-2020)

The city council has adopted "Good Neighbor Guidelines" to assist in the administering of this chapter. These good neighbor guidelines are incorporated by reference into this chapter and may be accessed at ExcelsiorGNG.pdf (municode.com) and are available for distribution at the office of the zoning administrator for the city. The good neighbor guidelines may be amended from time to time by ordinance.

(Ord. No. 610, § 7, 9-9-2020)

Composition. The residential review process is hereby established, which shall be conducted by the planning commission, city architect, zoning administrator, and city council. The city architect must not be a resident of Excelsior or conduct business in the City of Excelsior.

(Ord. No. 610, § 7, 9-9-2020; Ord. No. 650, § 2, 4-3-2023)

The planning commission, by way of the residential review process, shall have the following powers and duties:

(1)

Review and recommend approval of, approval with conditions, or denial of a residential review permit for new construction, additions or remodels as outlined in section 42-5.

(2)

Recommend changes to residential zoning ordinance provisions to the city council.

The city council shall have the authority to grant final approval of or to deny residential review permit applications.

(Ord. No. 610, § 7, 9-9-2020; Ord. No. 650, § 2, 4-3-2023)

Except as provided herein, a residential review permit is required prior to making any of the following alterations to structures within the R-1 and R-2 zoning districts:

(a)

New construction, additions or remodels that result in the:

(1)

Increase of volume of a principal or accessory structure requiring a building permit.

(2)

Reorientation or change in setbacks of a principal structure or accessory structure requiring a building permit.

(b)

Exemptions. The following shall not require a residential review permit:

(1)

Decks under 48 inches in height.

(2)

Any structure not requiring a building permit.

(3)

Structures that would require a site alteration permit as outlined in chapter 20 of the Code.

(4)

Street-facing, single-story porches that are more than 50 percent open at the perimeter.

(5)

Bay windows and cantilevers not projecting more than two feet from the plane of the façade on which such projection is located.

(6)

Any minor changes not affecting streetscape elevations or views from any neighboring property as determined by the zoning administrator in consultation with the city architect.

(c)

Pre-application concept review. Prior to filing an application for a residential review permit, the applicant is strongly encouraged meet with the zoning administrator and city architect to discuss the proposed new construction or remodel. The plans and elevation drawings required for such review need not be construction drawings but should be detailed enough for city staff to determine whether the concept proposal is likely to meet zoning requirements or to trigger residential review. The property owner is strongly encouraged to attend the pre-application concept review.

(Ord. No. 610, § 7, 9-9-2020)

(a)

Application. An application for a residential review permit shall include all information that the zoning administrator, city architect, the planning commission, and the city council determine is necessary for a complete application, including, but not limited to, photographs of the existing structure, site plan (including the location of the proposed building(s) on property, lot area, impervious surface, property lines, street/sidewalk location, approximate location of adjacent structures, existing trees and landscape buffers, proposed outdoor deck/patio and landscaping features), building plans (including dimensions, first floor area square footage), building elevations (indicating building height, photographs and streetscape, application form, and completed residential review checklist.

(b)

Order of review. Whenever a project or proposal requires both review by the residential review process and a variance or other land use request, the review shall be processed by the residential review process first.

(c)

Neighbor notification and opportunity to be heard. Staff shall send written notice to all property owners within 500 feet of the project site notifying the property owners of the proposed project, building time frame, building plans, and if applicable, demolition. Such written notice shall be sent at least ten days prior to the residential review process meeting at which such project will be reviewed, detailing the meeting date, time and location and shall include a provision advising recipients of the manner in which they can provide comment on the proposed project. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Appendix E. It shall not be required that such notice be published in the official newspaper.

(d)

Property owner involvement. The property owner is strongly encouraged to attend the meeting at which the review process reviews the application.

(e)

Residential review process. The planning commission, by way of the residential review process, may approve, approve with conditions, or deny in whole, or part, an application. Subject to the requirements of Minn. Stats. § 15.99, the planning commission, by way of the residential review process, may continue consideration of an application if it finds that additional documentation or expert technical advice from outside its membership is needed to properly evaluate the application. All findings and decisions of the planning commission, by way of the residential review process, shall be final, subject to appeal to the city council as specified in section 42-9.

(f)

Action by planning commission by way of the residential review process. If the planning commission, by way of the residential review process, approves an application with or without conditions, it shall direct the zoning administrator to make a notation on the building permit and process the application, noting findings as to how the proposal meets the intent of both this article and good neighbor guidelines. If the planning commission, by way of the residential review process, denies the application, it shall make findings as to how the proposal does not meet the intent of this article and/or good neighbor guidelines. The zoning administrator shall notify the applicant of his or her right to appeal and furnish the applicant with a copy of the decision and findings together with recommendations for changes necessary before the planning commission will reconsider the application.

(g)

Limitations. The planning commission must act within 60 calendar days after a complete application is filed, by way of the residential review process. Failure to act shall constitute approval unless an extension is agreed upon in writing by the applicant and the planning commission, by way of the residential review process. An application may be extended for up to an additional 60 days subject to the requirements of Minn. Stats. § 15.99. The planning commission shall be encouraged, however, to act within 30 calendar days after a complete application is filed with the city.

(h)

Time limitation. Construction for which a residential review permit is issued shall begin within 12 months from the date of issuance of the residential review permit.

(i)

A residential review permit shall be invalidated if (a) the plans approved by the planning commission, by way of the residential review process or the city council, are changed in any material way, (b) any conditions of the residential review permit are not satisfied, or (c) any building permit issued for the approved work becomes invalid.

(j)

Residential review permit criteria. In making a determination whether to approve or deny an application for a residential review permit, the residential review process shall be guided by criteria in the good neighbor guidelines adopted pursuant to section 42-3.

(k)

Changes to approved residential review permits.

(1)

Minor changes. Minor changes to an approved residential review permit may be authorized by the zoning administrator where it is determined by the zoning administrator that the changes are not material and are consistent with the approval made by the planning commission by way of the residential review process.

(2)

Other changes. Material changes to an approved residential review permit shall require an amendment of the residential review permit. The requirements for amendment of a residential review permit shall be the same as the requirements for original approval.

(Ord. No. 610, § 7, 9-9-2020; Ord. No. 650, § 2, 4-3-2023; Ord. No. 669, § 1, 8-5-2024)

The regulations of this chapter are intended to regulate mass and scale and help ensure compatibility of proposed new construction and remodeling with surrounding existing structures. For all new construction and remodeling meeting criteria outlined in section 42-5 of this chapter, regulations for both the zoning district and this chapter shall apply. To the extent any the requirements in this article 42 (including the application of the good neighbor guidelines) shall be inconsistent with other provisions of this Appendix E, the provisions of this article 42 shall prevail.

(Ord. No. 610, § 7, 9-9-2020)

(a)

Any applicant affected by any determination made by the planning commission by way of the residential review process relative to the issuance or denial of a residential review permit may appeal such determination to the city council by filing a notice of appeal and a statement setting forth the grounds for the appeal with the city clerk.

(b)

An appeal may be filed by a non-applicant only if three or more residents of the city together file the appeal. The three residents must live in different dwellings in the city, be 18 years of age or older, and must each sign the appeal.

(c)

The notice of appeal and statement setting forth the grounds for the appeal shall be filed with the city clerk within ten working days of the date of the planning commission's order and decision. A copy of the notice of appeal and statement setting forth the grounds for the appeal shall be transmitted to the city council.

(d)

If an appeal is filed pursuant to this section, the building permit for the work proposed meeting the criteria outlined in section 42-6 of this chapter shall not be issued and work shall not commence until after a final decision has been made by the planning commission and either (a) the time for an appeal has expired or (b) the city council has taken action on the appeal.

(e)

On appeal, the city council shall consider only the record of the action taken through the residential review process.

(f)

By a four-fifths vote, the city council may reverse or modify the decision of the planning commission by way of the residential review process based on the applicable criteria of this chapter for granting a residential review permit. Subject to the requirements of Minn. Stat. § 15.99, the council may also remand the matter for further action by the planning commission by way of the residential review process. The council decision shall be a final order subject to judicial review.

(g)

The zoning administrator, in any written order denying a permit application, shall advise the applicant of the right to appeal to the city council.

(h)

The council decision on an appeal is subject to the requirements of Minn. Stats. § 15.99.

(Ord. No. 669, § 2, 8-5-2024)