09-23-13 Council Packet - Laserfiche WebLink

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CITY COUNCIL WORK SESSIONSeptember 3, 2013 DRAFT CITY OF LINO LAKES 1 MINUTES 2 3 DATE:September 3, 2013 4 TIME STARTED:5:35p.m. 5 TIME ENDED:10:00p.m. 6 MEMBERS PRESENT: Council Member Stoesz, O’Donnell, 7 Rafferty,Roeserand Mayor Reinert 8 MEMBERS ABSENT: None 9 10 11 Staff members present: City Administrator Jeff Karlson; Community Development 12 Director Michael Grochala; City Attorney Joseph Langel; Finance Director Al Rolek; 13 Public Safety Director John Swenson; Public Services Director Rick DeGardner; City 14 Clerk Julie Bartell 15 16 1.7309 Lake Drive, Exterior Storage– Attorney Rod Krass, representing the property 17 owneraddressed the council. In his review of the situation, it appears that there is a 18 perception (by the City) that his client is using the property to store items. However the 19 primary use of the property is not for storage but to run a business that rents units to 20 construction sites. Beyond that clarification, Mr. Krass explained that the rights of 21 “grandfathering” a property use come into play. The use of the property has remained 22 consistent and therefore even a non-conforming use, if itcontinues, is eligible for 23 grandfather rights. 24 25 Mayor Reinert suggested that what the council is interested in hearing is how the use of 26 the facility can conform to the city’s existing regulations. Mr. Krass responded that he 27 isn’t sure that the use can be conforming since part of the business that exists there 28 requires storing the equipment when not in use. 29 30 Propertyowner Bob Salmentold the council that he doesn’t have latitude as far as the 31 business because he is under a lease/contract. He can’t change thebusiness. The city 32 can’t decide when a grandfather right ends –that right only ends when the use stops for 33 at least one year. 34 35 Community Development Director Grochala explained some of the history of use. The 36 occupant previous to the current was a landscaping company. A transition occurred to 37 the current use of providing contactor offices with outdoor storage. City Attorney 38 Langel added that the grandfathering right disappears after one year of not having the use. 39 In this situation, a conditional use permit is required for the accessory use that has 40 occurred in the past, however, that was not enforced by the city. The point is that it is no 41 longer an accessory use but a primary use (the outside storage). Even if the primary 42 business isn’t storage, the storage activity found at the property is not in compliance.Mr. 43 Salmon argued that the use is not greater than it was. Mr. Langel disagreed and 44 explained that this is a question of accessory use (that could be allowed under 45 1