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4' 1 L_� 6 <br />MEMD Tu: Clork-Administrator. 4 City Council <br />FROM: Director of Public Works/Community Development <br />` DATE: May 2, 1985 <br />R E4: IIERBST AND SUNS DEMOLITION COMPANY <br />Herbst and Sons Demolitinn Company has applied to the City to <br />construct a warchouso addition to their existing huilding located <br />at 2299 County Road H. <br />Enclosed please find the following: <br />1. Staff report dated 4/17/85 <br />2. Memo to Planning Commission from Director of Public <br />Works/Community Development dated 4/23/85 <br />3. Copy of Pages 105 and 107 from Gunnar Insbery's book on <br />Land Use Planning. This is a definition of spot zoning. <br />Unfortunately, f do nr,t have copies of tho -,ite plan to submit to <br />you at the present time. Herbst and Sons will provide additional <br />copies of the site plan on Monday night. <br />I will now present the background on this property and describe <br />the issues. The City's Land Use Comprehensive Plan indicates <br />that this property should be Cur Highway Commercial use. The <br />zoning on this property is U-3, Highway Business District. The <br />existing use is for sandblasting and warehouse storage space for <br />demolition equipment. The property, as far as I can tell, has <br />always been used for a warehouse. This is an Industrial zone <br />use. The warehouse use may have been permitted in a U-3 zone in <br />past zoning ordinances. The sandblasting operation is a more <br />recent use of the property. In ary case, the present use is <br />non -conforming and Herbst and Sons may not, under the existing <br />zoning, build an addition to their warenouse building. The issue <br />then becomes, should the City deny the building addition because <br />the zoning is incorrect for the present use even if that building <br />has always been used as a warehouse? (A warehouse is a permitted <br />use only in the Industrial zone.) <br />The same problem exists an the lot directly east of Herbst's <br />property. Pettibone runs their warehousing operation nut of this <br />adjacent property. <br />A second issue or question is that if the property is rezoned <br />from B-3 to I-1 is this spot zoning? The attachment entitlod <br />"Gunnar Insberg Land Use Planni 4" defines spot zoning. The <br />Planning Commission and Staft's analysis is that if the two lots <br />are rezoned from H-3 to 1-1 that this is prnhahly not spot <br />zoning. The justification for rezoning this property to its <br />present use is that the use has always been 1-1. In fact, there <br />are other single lots that are definitely a spot zone within the <br />City of Mounds View. An example is the K Gas Station At 2901 <br />Highway 10. This single piece of property, as you know, has <br />