07-22-2015 Council Packet - Laserfiche WebLink

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NORTHWEST ASSOCIATED CONSULTANTS, INC.. 4800 Olean Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .25! 5 Facsimile: 763,231.2561 plannera@naaplanning.com narplanninj.com MEMORANDUM TO: Mayor Keis and Little Canada City Council FROM: Stephen Grittman DATE: July 17, 2015 RE: Little Canada -- Berres Appeal -- 2955/2957 Arcade Street FILE NO: 758.09 --15.13 Background and Analysis Nature of Request. Roger Berres is appealing an administrative ruling in which his request to re -occupy the subject property as a two-family structure was denied. The applicant is the owner of a residential structure at the above address which was constructed as a building with two residential units. The subject property is a single parcel, and is legally described as Lot 13, Auditor's Subdivision No. 43, St. Paul, Minnesota. The property carries a PID (Property Identification) Number of 05-29-22-14-004 The zoning of the property has been, since the time of construction, R-1, Single Family. At the time of construction, the zoning ordinance allowed a limited number of two-family dwellings in what was otherwise a single family neighborhood, After construction of the two-family dwelling, the ordinance was subsequently amended eliminating the allowance for this land use. At that point, the structure became a "legal non -conformity", that is, a use which was legally established, but which is no longer allowed due to a zoning amendment. Rights granted under legal non -conforming status are often called "grandfathered" rights, meaning that the use can continue to operate provided it is not substantively changed, enlarged, or abandoned for a period of one year or longer. When a non -conforming use is discontinued or converted to a conforming use for more than one year, state law and local ordinance require that any future land use be in conformance with the current zoning regulations. As noted, the current zoning