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515 Little Canada Road, Little Canada, MN 55117-1600 <br />(651) 766-4029 / FAX: (651) 766-4048 <br />www.cilittle-canada.mn.us <br />MEMORANDUM <br />MAYOR <br />i3iLl Blesener <br />COUNCIL. <br />Rick Montour <br />John Keis <br />Michael McGraw <br />Shelly Boss <br />ADMINISTRATOR <br />Joel R. Hanson <br />TO: Mayor 131esener and Members of the City Council <br />FROM: Jessica Jagoe, Code Enforcement Officer <br />DATE: November 6, 2014 <br />RE: 200-208 Ryan Drive — Non -Conforming Extension <br />Russ Fischer's building at 200 Ryan Drive was a total Toss as a result of a fire that occurred on <br />October 3, 2014. Russ has plans to demo the building which he anticipates will happen within <br />the next month. This week he hired a demolition contractor and they are in the process of <br />completing the hazardous materials assessment. Plus, Russ is working with his tenants on <br />removal of their property from inside the remaining shell of the building. Russ has already met <br />with city staff to discuss plans for rebuilding next spring. 14e plans for construction to begin after <br />road restrictions are lifted (May roughly) and has been told it's about a three month construction <br />project. <br />At this time, Russ is not prepared to apply for a building permit to rebuild due to drainage <br />problems he has experienced in the past. Russ has been working with Lee Elfering, City <br />Engineer and the Watershed District to discuss corrective options with ponding and/or grading of <br />the site next spring. These plans will impact the layout of the site and how the building is <br />configured. City staff has informed Russ of the legal non -conforming use that existed with the <br />prior metal building. Current ordinance standards for required building materials in the I-1 <br />zoning district would require a new building to be constructed entirely of solid wall masonry <br />materials, or covered with masonry facade materials and glass. This legal non -conforming use is <br />allowed to continue as regulated by State Statute under time sensitive requirements. i have <br />copied below the provision of the city code pertaining to continuance of a non -conforming use or <br />structure: <br />City ordinance 903.010.G states subject to the requirements of MN Stat, Chapter <br />462.357, Subd I.e., if at any time a non -conforming building, structure or use shall be <br />destroyed to the extent of more than fifty (50) percent of its fair market value, said value <br />to be determined by the City Assessor, and where no building permit has been appliedfin' <br />within one hundred eighty (180) days of said destruction, then without further action by <br />the Council, the building and the land on which such building was located or maintained <br />shall, from and after the date of said destruction, be subject to all the regulations <br />1 <br />