09-09-1991 Council Packet - Laserfiche WebLink

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'.T r‘ ■ Zoning File #1671 September 5, 1991 Page 4 Issue of Use Variance Please review Exhibit I. Sr.apiro advised the City that if it were to consider variances to non-conforming uses that the City Attorney's office should proceed with research into Minnesota cases and cases from other jurisdictions to determine how courts have treated the question of whether or not a variance ran be granted to non-conforming use provisions of a Code. The City has yet to be challenged as to the granting of variances to this section although it has done so in the past for 1960 Shoreline Drive, the Dog Bouse on Highway 12 and for the subject property. The current Code (Section 10,03, Subdivision 5 (J)) suggests that the City may consider granting variances to these performance standards. If the City is to proceed with the granting of variances to the non-conforming use section for this application or for any application in the future, it is staff’s recommendation that the City Attorney's office be first directed to determine if the City has the legal right to continue grantinc such variances. Expiration of llon*-oc»ifc rming Dae It was the opinion of the Planning Commission that the informal sales of farmers produce in the parking lot did not constitute the full restoration of the approved non-conforming coBunercial use of the property. Staff asked Mr. Turner to provide written comments from Gary Kirt, the former owner of the property, as to the date of the last commercial use and the nature of that use. Staff has received no written comments as of this writing. Mr. Turner may be able to provide this Information at our meeting. If Council concurs with the Planning Commission's position, then Mr. Turner also seeks a variance to this section of the non-conforming use code standards. Planning Commission Recommendation The Planning Commission was unable to effect a decisive vote for a recosuaendation to the Council resulting in a 3 to 3 vote. The recommendation reads as follows: "To recommend denial of application #1671 for the property located at 3800 Wayzata Boulevard West for a conditional use permit and variance for non-conforming commercial use of property It may be helpful if Council reviews the minutes of that meeting providing greater background on the discussion issues. The three members who voted for the recommendation believe the property should revert back to a residential use and suggested that the structure, not being appropriate for single family residential use, would now be classified as an accessory structure noting that it should be required to be removed within a specific time period. 1