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NORTHWEST ASSOCIATED CONSULTANTS INC. <br />MEMORANDUM <br />TO: Little Canada Planning Commission, <br />Mayor and City Council <br />FROM: Brad Nielsen <br />DATE: 3 January 1983 <br />RE: Frattalone, Myers - Conditional Use Permit <br />FILE N0: 758.09 (82.34) <br />BACKGROUND <br />Myers Frattalone owns the lot south of his existing residence at 2939 <br />Centerville Road (see Site Location Map, attached). The property contains <br />a rental dwelling and accessory garage. Mr. Frattalone has constructed <br />an additional accessory building on that lot for storing equipment he uses <br />in his agricultural occupation, The building was built without a building <br />permit due to a misunderstanding in the interpretation of the State Building <br />Code. The Code states that agricultural buildings need not be required to <br />have a building permit. In a memo dated 16 July 1971, from Richard Brubacher, <br />Commissioner of Administration to State Building Officials, he defines <br />agricultural buildings as follows: <br />"A farm building or dwelling is a building or dwelling located <br />on agricultural land as defined by M.S. 1969, 273.13, subdivision <br />6 which reads, in part, as follows: "Agricultural land...shall <br />mean contiguous acreage of ten acres or more, primarily used <br />during the preceding year for agricultural purposes. Agricultural <br />use may include pasture, timber, waste, unusable wild land and land <br />included in federal farm programs. <br />Real estate of less than 10 acres used principally for raising <br />poultry, livestock, fruit, vegetables, or other agricultural <br />products, shall be considered as agricultural land, if it is not <br />used primarily for residential purposes." <br />In its current location on the rental property lot, it is the opinion of this <br />office that the building does not qualify as an agricultural building. Had <br />it been located on other property owned by the applicant, it may have qualified <br />as such. <br />Regardless of whether or not the building can be considered an agricultural <br />building, the Little Canada Zoning Ordinance (Section 903.020 D.4.) requires <br />that accessory structures over 1,000 square feet in area must have a con - <br />ditional use permit. <br />4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420 <br />