Correspondence on use of building

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Melanie Curtis From: Mike Gaffron Sent: Tuesday, April 08, 2014 12:31 PM To: Melanie Curtis; Soren Mattick Cc: Lyle Oman Subject: 2389 Blaine Avenue- Building &Zoning Use Approvals Request Attachments: 2389 Blaine Ave- Background Info.pdf Melanie &Soren— Regarding the request by Kevin Schieffer for approvals apparently required by MN Dept of Human Services for licensing of a new owner of an existing outpatient chemical dependence treatment (clinic?office?) at 2389 Blaine Avenue: 1) This use apparently goes back to at least 1983 in this small office/retail building, based on letters in the City files. 2) The building has been at that location since at least 1970. 3) The property is zoned B-1 and has been zoned that way since 1967. 4) In 1967, office and clinic were permitted uses in the B-1 zone. 5) In 1975 the City created the B-4 Professional Office district, and revised the status of various uses. - "Professional offices and offices of a general nature" became a conditional use in B-1; - "Clinic" was removed from B-1 entirely; - "Professional offices and offices of a general nature" and "Clinics" became a permitted use in B-4; 6) In 1983 City Planner Alan Olson indicated in a letter to Robert Harding, building owner, that the PACI Treatment Clinic could relocate to the building without any special approvals other than a `zoning certificate of occupancy', based on the proposed use being similar to other uses already in the same building (dental office was noted). 7) Later in 1983 in response to a request for zoning confirmation from the Minnesota Dept. of Public Welfare ("DPW",which I assume later became Dept. of Human Services) Zoning Administrator Jeanne Mabusth indicated that a clinic requires a CUP.There is no further followup information that suggests a CUP was applied for or issued. It is very possible that Mabusth deferred to Olson's earlier assessment of the situation as being an allowed office use in the B-1 district. I think an argument can be made that the outpatient chemical dependency treatment clinic that has operated at the site for the past 20-30 years can be considered as continuation of a legal non-conforming office use which existed at the site in this building at the time in 1975 when the list of B-1 uses was revised. This has been an extremely benign use, and I don't think we have any reason to force them into going through a CUP at this point. Soren—your thoughts on the matter? I've attached a pile of documents relevant to the discussion—start with the email trail in first two pages. Let's discuss on Thursday. Thanks! Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O.Box 66,Crystal Bay,MN 55323 Phone: (952)249-4600 Fax: (952)249-4616 1