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515 Little Canada Road, Little Canada, MN 55117-1600 <br />(651) 766-4029 / FAX: (651) 7664048 <br />www,ci.liltle-canada.mn.us <br />MEMORANDUM <br />MAYOR <br />John Keis <br />COUNCIL <br />Rick Montour <br />Michael McGraw <br />Toni Fischer <br />Christian Torkclson <br />ADMINISTRATOR <br />Joel R, Hanson <br />TO: Mayor Keis and Members of the City Council <br />PROM: Joel Hanson, City Administrator <br />DATE: March 25, 2015 <br />RE: 200.208 Ryan Drive -- Non -Conforming Extension <br />Russ Fischer's building at 200 Ryan Drive was a total loss as a result of a fire that oecurrecl on <br />October 3, 2014. The demolition of the remaining shell was completed about a month later. <br />The metal building structure that existed prior was legal non -conforming, Current ordinance <br />standards for required building materials in the 1-1 zoning district would require a new building to <br />be constructed entirely of solid wall masonry materials, or covered with masonry facade materials <br />and glass. Therefore, the structure is allowed to continue as regulated by State Statute under time <br />sensitive requirements. Below is the provision of the city code pertaining to continuance of a <br />non -conforming use or structure: <br />City ordinance 903,010,0 states subject to the requirements of MN Stat. Chapter <br />462.357, Subd. 1.e„ ifat any time a non -conforming building, structure or use shall be <br />destroyed to the extent of tnore than fifty (50) percent of its fair tnarket value, said value <br />to be determined by the City Assessor, and where no building permit has been applied for <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 />,specified by these zoning regulations for the district in which such land and buildings are <br />located. Any building which is damaged to an extent of less than fifty (50) percent of its <br />value may he restored to its former extent. Estimate of'the extent of damage or <br />destruction shall he made by the Building Official, <br />State Statute specifies that the non -conforming use can only be reestablished if a building permit <br />has been applied for within 180 days. The fire occurred on October 3, 2014 so that 180 day <br />deadline will be April 1, 2015. <br />6 <br />c <br />