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QUALIFICATION REQUIREMENTS
<br /> Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires three tests for occupied parcels:
<br /> A. COVERAGE TEST
<br /> ..."parcels consisting of 70 percent of the area of the district are occupied by buildings, streets,
<br /> utilities, or paved or gravel parking lots..."
<br /> The coverage required by the parcel to be considered occupied is defined under Minnesota
<br /> Statutes,Section 469.174,Subdivision 10(e),which states:"For purposes of this subdivision,a parcel
<br /> is not occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar
<br /> structures unless 15 percent of the area of the parcel contains buildings, streets,utilities,paved
<br /> or gravel parking lots, or other similar structures."
<br /> B. CONDITION OF BUILDINGS TEST
<br /> Minnesota Statutes, Section 469.174, Subdivision 10(a) states, "...and more than 50 percent of the
<br /> buildings, not including outbuildings, are structurally substandard to a degree requiring
<br /> substantial renovation or clearance;"
<br /> 1. Structurally substandard is defined under Minnesota Statutes,Section 469.174, Subdivision 10(b),
<br /> which states: "For purposes of this subdivision, `structurally substandard' shall mean
<br /> containing defects in structural elements or a combination of deficiencies in essential
<br /> utilities and facilities,light and ventilation, fire protection including adequate egress,layout
<br /> and condition of interior partitions, or similar factors,which defects or deficiencies are of
<br /> sufficient total significance to justify substantial renovation or clearance."
<br /> a. We do not count energy code deficiencies toward the thresholds required by Minnesota
<br /> Statutes, Section 469.174, Subdivision 10(b) defined as "structurally substandard", due to
<br /> concerns expressed by the State of Minnesota Court of Appeals in the Wlalser Auto
<br /> Sales, Inc. vs. City of Richfield case filed November 13,2001.
<br /> 2. Buildings are not eligible to be considered structurally substandard unless they meet certain
<br /> additional criteria,as set forth in Subdivision 10(c) which states:
<br /> "A building is not structurally substandard if it is in compliance with the building code
<br /> applicable to new buildings or could be modified to satisfy the building code at a cost of
<br /> less than 15 percent of the cost of constructing a new structure of the same square footage
<br /> and type on the site. The municipality may find that a building is not disqualified as
<br /> structurally substandard under the preceding sentence on the basis of reasonably available
<br /> evidence, such as the size, type, and age of the building, the average cost of plumbing,
<br /> electrical, or structural repairs, or other similar reliable evidence."
<br /> "Items of evidence that support such a conclusion [that the building is not disqualified]
<br /> include recent fire or police inspections, on-site property tax appraisals or housing
<br /> inspections, exterior evidence of deterioration, or other similar reliable evidence."
<br /> Beaudry Redevelopment TIF District#24
<br /> LHB Project No. 170323 Page 4 of 12 Final Report
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