08/11/1980 Council Minutes - Laserfiche WebLink

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1 August 11, 1980 vehicles.. Mc. Jawo rski moved to table this ordinance. Seconded by Mr. McLean. Motion car- ried unanimously. Mr. Locher reported on the Malmberg case. The Court had allowed a period of time for the removal of the cars and this has not been done. Mr. Locher had notified the Clerk of Court and the matter will be handled by that office. 155 The next item on the agenda was the consideration of the construction of a com- mercial building constructed in a residential neighborhood by Mr. Richard Klenck. Mayor Gourley presented the following Resolution in conjunction with this problem: WHEREAS, Mr. Klenck resides in the City of Lino Lakes on property that is class- ified R -1, Residential, and WHEREAS, Mr. Klenck has constructed a building on his property and said building was construct without notification to the City of application for a "Building Permit ", and WHEREAS, the said building is of a B -2 commercial classification according to the Minnesota State Building Code, and WHEREAS, the building is being used for a heavy industrial use, and WHEREAS, Heavy Industrial uses and zoning are incompatable with surronnding R -1 uses of land, and WHEREAS, B -2 buildings and Heavy Industrial uses in R -1 zoning is not In compliance with the City's Comprehensive Land Use Plan, and WHEREAS, B -2 buildings and Heavy Industrial uses in R -1 Districts are not in com- pljince with Ordinance No. 56 of the City of Lino Lakes. NOW THEREFORE BE IT HEREBY RESOLVED, that Mr. Klenck has violated the.State Building Code and Orkinance No. 56 of the City of Lino Lakes and that his use of Heavy Industrial is incompatable with the City Comprehensive Land Use Plan and surround- ing R -1 uses. BE IT FURTHER RESOLVED,that the City Attorney is hereby directed to file civil suit against Mr. Klenck in District Court for removal of the building. Mr. Kluge) pointed out this building was constructed without a building permit and this is an 'after the fact' consideration. He also questioned the need for a grease trap and if welding is done it the building, safety measures. Mayor Gourley reported thaf he had also contacted Mr. Mobley. Mr. Mobley said Mr. Klinck had applied for a building permit at one time but it had been refused on two counts; 1) the building did not neet the criteria of zoning ordinances; and 2) there was a numbdr of conflicts with the DNR, Corps of Engineers and RCWB on the filling of wetlands. Sonetime later Mr. Mobley had discovered that the building had been constructed without a permit. Mr. Klenck said he was only informed of this meeting 4Z hours ago by phone and since the Council appears to have made a decision, so he has nothing to say. He said this problem had been dragging on for three yea s. Mr. Kluegel said the Corps of Engineers and the RCWB had not approved this oper- ation and is waiting for a decision from the City. The Clerk asked to correct one Statement of Mr. Klenck's - he was informed at the last Council meeting to return to this meeting - her phone call had been merely a reminder.