09-26-2012 Council Agenda - Laserfiche WebLink

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Wait t o1 . S Wanda MAYOR 13111 Biesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little- canada.mn. us MEMORANDUM TO: Mayor Biesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: September 21, 2012 RE: 3032 Centerville Road — Zoning Issues — Ken Meyer Attached is correspondence received from Mr. Ken Meyer, owner of the building at 3032 Centerville Road (formerly Dan's Automotive). Dan's Automotive was a grandfathered use that was continued from Stenger Auto Body. In the Industrial Park (I -P) zoning district, automotive repair is not a permitted or conditional use (see ordinance attached). In late 2010, the roof on this building collapsed. A building permit was pulled in March 17, 2011 to make repairs. The final inspection associated with this permit occurred on August 25, 2011. Dan Winner (Dan's Automotive) did not obtain an auto repair license in 2011 or 2012. On July 9th of 2012, Jessica Jagoe sent Mr. Meyer the required zoning letter stating the grandfathered use has lapsed and could not be re- established (see copy of letter attached). Mr. Meyer has since contacted us and stated Mr. Winner wanted to re- establish his auto repair license. Mr. Meyer was informed by the City Planner that the City Council would have to provide that approval, but it may not be legally possible to do so. Mr. Meyer has also indicated Dan King may want to be involved in overseeing Mr. Winner's operation and also in used car sales. Staff informed Mr. Meyer that car sales are not a permitted or conditional use in this zoning district. Staff has also been told by Mr. Winner that he is not interested in re- establishing his use of this property. 1-le further informed that he was asked to vacate the building in February of 2011. Mr. Meyer also uses the building for storing personal and business items (the business items are not related to a use occurring on this property). Without a valid business use, personal storage can't be the principal building use. Mr. Meyer has asked for the City's assistance in allowing his utilization of this building. Staff has researched the issues and here is a summary of what has been learned: • The City Attorney has informed us that the Council does not have the authority to allow the lapsed grandfathered use to re- establish because there is no such provision in our zoning ordinance. To do so without a procedure would essentially amount to granting a 1