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MINUTES <br />CITY COUNCIL <br />SEPTEMBER 26, 2012 <br />3032 <br />CENTERVILLE <br />ROAD — <br />KEN MEYER <br />Plan, counties and cities are not eligible for Federal grant dollars or <br />disaster relief. Smiley requested adoption of the updated Ramsey County <br />Hazard Mitigation Plan. <br />Boss introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2012 -9 -167 — ADOPTING THE RAMSEY <br />COUNTY ALL-HAZARD MITIGATION PLAN SUBMITTED BY <br />EMERGENCY SERVICES DIRECTOR DON SMILEY <br />The foregoing resolution was duly seconded by McGraw. <br />Ayes (4). <br />Nays (0). Resolution declared adopted. <br />The City Planner reported that the property at 3032 Centerville <br />Road had been occupied by an auto repair business for many years. <br />Some years ago the property was rezoned and auto - related uses were <br />no longer allowed on this property. As a result the then existing auto <br />repair business existed as a non- conforming use. The Planner pointed out <br />that over the years there have been serious code enforcement issues on this <br />property. <br />The Planner reported that non - conforming uses are allowed to exist as <br />long as the use is consistent with the terms of its original permit. In the <br />case of 3032 Centerville Road, the business operator ceased his operation <br />and did not renew his business license. Shortly thereafter, the building <br />sustained storm damage and was unable to be occupied. The building has <br />since been repaired. The Planner stated that given the operator <br />discontinued his operation and did not renew his business license in 2011 <br />or 2012; therefore, the non - conforming use rights for the auto - related use <br />were lost. <br />The Planner indicated that the current owner would like to re- establish the <br />auto repair use on this property and has requested an opportunity to come <br />before the Council and ask for a retro- active extension of the previous <br />non - conforming allowances. The Planner indicated that the City Attorney <br />has said that there is no process for re- establishing non - conforming rights <br />once they have lapsed. There are some options that could be pursued, but <br />those would involve amending the Zoning Ordinance to re- introduce auto - <br />related uses into the I -P Zoning District. The Planner reported that staff is <br />not recommending the amendment noting that auto - related uses were <br />removed from the I -P District and restricted to the I -1 District due to <br />management issues related to auto uses. <br />11 <br />