11/09/1994 P&Z Packet - Laserfiche WebLink

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ISSUES ANALYSIS Zoning. The subject property is zoned NB, Neighborhood Business which is intended to provide for the establishment of local businesses which deal directly with the daily requirements of the immediate neighborhood. Because the district does not make an allowance for single family residential dwellings, Ms. Whitney's home is considered a legal non -conforming use. As a legal non -conforming use, the single family residential land use can continue to exist on the site in the same size and manner as it existed at the time the property was zoned NB, Neighborhood Business. Of initial consideration in Ms. Whitney's request is the appropriateness of the existing NB zoning classification and whether such zoning is consistent with the City's long term planning objectives for the area. It should be noted that the NB zoning of the property is consistent with the City's Land Use Plan which suggests commercial use of the property in question. If the City believes the existing commercial zoning of the property is inappropriate, change in the City's Land Use Plan and a rezoning of the property to a residential designation would likely resolve this issue. If on the other hand, the City determines that the commercial zoning of the property is based on sound planning principles and reflects the City's desired long range use of the property, the City's non -conforming use provisions must be considered valid and should be enforced. Non -Conforming Use. The intent and purpose of Section 4, Subd. 3, Non -Conforming Uses and Structures of the Lino Lakes Zoning Ordinance is to phase out non -conforming land use and facilitate their redevelopment to implement the City's ultimate land use goals. With this objective in mind, the non -conforming use zoning standard prevents use expansion or substantial investment in non -conforming properties to assist with their development. According to Section 4, Subd. 3.(a) of the Zoning Ordinance, alterations may be made to a structure containing non -conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or expand the existing build of structure. While it is believed this provision includes a grammatical error, it is understood to mean that the degree of non -conformity cannot be expanded. This performance standard allows for some alteration of a non -conforming structure, such as a building in the proper zoning district that does not conform to required setbacks. This section would not accommodate Ms. Whitney's request. Because the proposed garage addition would represent an expansion of the residential use (non -conformity), such expansion is not currently allowed by Ordinance. The obvious intent of this provision is to perpetuate the phasing out of the residential use of the property. 2