Thought Leadership

South Minneapolis New Construction and Demolition Moratorium

An interim ordinance was proposed and adopted by the Minneapolis City Council on March 7, 2014 that puts a halt to the demolition or new construction of single and two-family homes in the Linden Hills, Fulton, Armatage, Kenny and Lynnhurst neighborhoods of Minneapolis.

This interim ordinance is effective immediately and may establish a moratorium for one year, and could possibly be extended up to a maximum of eighteen months. As of March 7, no permits will be issued for new residential construction or demolition in the listed neighborhoods.

Minneapolis city ordinance code Chapter 529 allows for interim ordinances to become effective the day they are introduced. The purpose, as stated in the ordinance, is to protect the health, safety and welfare of the city’s residents while also protecting the city’s legitimate planning goals. In this particular case, the city council also authorized the Department of Community Planning and Economic Development to conduct a study on future development in these restricted areas.

The Minneapolis Zoning and Planning Committee will hold a public hearing on the moratorium on March 20, 2014 at the Minneapolis City Hall.  The Zoning and Planning Committee will then make a recommendation to the Minneapolis City Council regarding the moratorium. However, the moratorium is still in full force and effect putting the brakes on new construction and teardowns.

The interim ordinance does not apply to any project that has received the necessary permits for construction or tear down before the moratorium. However, it does prevent any permits from being issued after the effective date.

The interim ordinance does allow for exemptions from the moratorium, but the bar is set high and the process to obtain an exemption can be difficult. Any aggrieved party must prove to the Minneapolis City Council that the moratorium will cause a substantial hardship to the person with legal or equitable interest in the land restricted by the moratorium. If this ban will potentially impact you or your business, Hellmuth & Johnson, PLLC can walk you through several options you may have moving forward.