08/01/2011 Council Packet - Laserfiche WebLink

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• • • c. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. d. All lighting shall be in compliance with Section 3, Subd. 4.F of this Ordinance or other lighting standards in place at the time of project approval. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and not in front yards. f. The property shall not abut property zoned for residential, rural, or business use, including land in a neighboring city. "Abutting" includes across a street. "Abutting" does not include properties that touch only corner to corner. g. The property shall not abut I -35W or I -35E. h. The storage area shall not abut a school or a public park. i. The ratio of storage area to building footprint shall not exceed 3.5:1. j. Storage shall not include material considered hazardous under Federal or State Environmental Law. The existing site does not meet the requirements listed in items a, b, c., and e above and cannot meet the provisions of items f and g above. Jenmar Equity was notified that while they could apply for a conditional use permit they could not satisfy the conditions of approval and therefore would not likely be approved. Lakes Building Components was notified of the zoning violation as well as potential building code violations on March 3, 2011. The building code issues related to alteration of the exterior building wall without a permit (a two foot high by sixteen foot wide slot was cut out of the exterior building wall) and the change in occupancy of the building. The matter was turned over to the City Attorney in April of 2011 after no attempts were made to bring the site into conformance. On April 14, 2011 a letter from the City Attorney's office was sent to Jenmar Equity LLC notifying them of the violations. Correspondence between the City Attorney and the owner's attorney has been ongoing. To date only the building permit issue has been addressed. No movement has been made on the exterior storage violation. On June 7, the City Attorney again informed Jenmar that the materials must be stored inside or moved off site. The City's next course of action would be to cite them for the ongoing violation and seek a court order to remedy the situation. While attempts will be made to suggest this as an economic development issue it-is really a very simple zoning matter. Jenmar Equities is leasing space in a building to a business that operates in a manner not permitted for that property. Jenmar Equity, the property owner, has asked for the council to consider allowing the use to continue. Neither city staff nor the city council has the authority to grant that approval. To allow such a use in this location, on either an interim or permanent basis, the City would need to amend the zoning ordinance. When considering such a change the intent and purpose of the existing ordinance should be reviewed. Additionally the use should be evaluated as to whether it meets that purpose or is otherwise accommodated within the district or elsewhere in the city. Section 8. Subdivision 1 of the LI, Light Industrial District states the following: "These areas have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary..." 2