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• <br />• <br />• <br />UDOR Site Plan <br />December 13, 2000 <br />page 3 <br />accessory buildings be removed prior to construction of the addition. One of the <br />accessory buildings remains, though the approved addition to the larger building was <br />constructed. <br />Over the past year, staff has been discussing the removal of the remaining building with <br />Mr. Johnson. Mr. Johnson proposed replacing it with a better building, and staff <br />informed him that would require another site plan review. Those instructions in no way <br />guaranteed approval of the application. <br />Staff cannot recommend approval of a use not allowed by the zoning ordinance. <br />Therefore, we recommend denial of the application. An alternative to denial would be <br />for the applicant to agree in writing to an extension of the approval deadline until a <br />zoning amendment is processed. This would allow the applicant to prepare an <br />application for amending the ordinance and to process it through the normal procedure. <br />There is no guarantee of approval of such an amendment. <br />CONCLUSION AND FINDINGS <br />Staff concludes that accessory buildings are not allowed in the GI district under the <br />current zoning ordinance. Under Minnesota Statutes 15.99, if the City denies an <br />application it must state in writing the reasons for the denial at the time that it denies the <br />application. <br />Therefore, staff recommends denial of the application for a site plan for an accessory <br />building based on the following findings: <br />1. The General Industrial zoning district does not include accessory buildings in the list <br />of accessory uses. <br />2. Accessory buildings are specifically listed in other zoning districts. <br />3. The General Industrial zoning district does list, as a permitted use, accessory uses on <br />the same lot with and customarily incidental to any of the listed permitted uses or of <br />the same general character. However, the City customarily has held that accessory <br />buildings are not allowed in the GI district. <br />4. Therefore, accessory buildings are not allowed in the General Industrial zoning <br />district. <br />5. An amendment to the zoning ordinance would be necessary to allow accessory <br />buildings in the General Industrial zoning district. <br />