Agenda Packets - 1996/06/03 - Laserfiche WebLink

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POLICY DISCUSSION RELATING TO AMENDING CHAPTER 1123 JUNE 03, 1996 PAGE TWO OF TWO • Section 1125.02, Subd. 2, of the Municipal Code states, " . . . If the Board denies the applicant's relief, the applicant, within sixty(60) days from the decision of the [Board of Adjustment and Appeals] denies the applicant's relief, the applicant, within sixty(60) days from the decision of the Board, may appeal to the City Council for the relief sought." Thus, until the Planning Commission formally denies the variance request, it is inappropriate for the City Council to discuss this request. Although this specific planning application will not be discussed at the June 03, 1996 worksession, there is new information Staff would like to share with Council regarding the importance of maintaining consistency in interpreting the term"structure" within the Code to include a gas pump canopy on properties zoned as a legal nonconforming use. Following further consultation with the City Attorney Long, an interpretation by the City Council that a canopy is not a"structure" within the meaning of the Code may create several unintended negative impacts. An interpretation by the City Council that a canopy is not a"structure"would be inconsistent with findings presented in Planning Case No. 438-96 and adopted by the City Council. If a canopy were interpreted not to be a"structure" then no setbacks nor any other control measures of the Municipal Code would apply. If the City Council agrees that interpreting the Code to mean that a canopy is not a"structure" creates too many unintended potential zoning problems as advised by City Attorney Long, then the Council would have to deny any new variance request for a canopy under the existing language of the Code because it is a new "structure" on a legal nonconforming use, which is prohibited by the Code. If the City Council wishes to pursue consideration of allowing canopies on properties zoned as legal nonconforming uses, then it would be necessary to amend Chapter 1123, entitled"Nonconforming Building Structures and Uses," to include language excluding canopies as an enlargement of a legal nonconforming use. To simply interpret the Code to mean that a canopy is not a"structure" creates too many other potential problems with canopies on other sites. Staff has contacted applicant Tom Manke and advised him of the new information. Staff is seeking City Council direction on whether to draft an Ordinance amending Chapter 1123, entitled "Nonconforming Buildings, Structures and Uses," to include language excluding canopies as an enlargement of a legal nonconforming use for purposes of that action of the Code only.