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515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.ci.little-canada.mn.us n.us MEMORANDUM MAYOR John Keis COUNCIL Rick Montour Michael McGraw Tont Fischer Christian Torkelson ADMINISTRATOR Joel R. Hanson TO: Mayor Keis and Members of the City Council FROM: Joel Hanson, City Administrator DATE: March 25, 2015 RE: 200-208 Ryan Drive — Non -Conforming Extension Russ Fischer's building at 200 Ryan Drive was a total loss as a result of a fire that occurred on October 3, 2014. The demolition of the remaining shell was completed about a month later. The metal building structure that existed prior was legal non -conforming. Current ordinance standards for required building materials in the 1-1 zoning district would require a new building to be constructed entirely of solid wall masonry materials, or covered with masonry facade materials and glass. Therefore, the structure is allowed to continue as regulated by State Statute under time sensitive requirements. Below is the provision of the city code pertaining to continuance of a non -conforming use or structure: City ordinance 903.010.G states subject to the requirements ofMNStat. Chapter 462.357, Subd. 1.e., if at any time a non -conforming building, structure or use shall be destroyed to the extent of more than fifty (50) percent of its fair market value, said value to be determined by the City Assessor, and where no building permit has been applied for within one hundred eighty (180) days of said destruction, then without further action by the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty (50) percent of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Building Official. State Statute specifies that the non -conforming use can only be reestablished if a building permit has been applied for within 180 days. The fire occurred on October 3, 2014 so that 180 day deadline will be April 1, 2015.