Agenda - Council - 04/28/2009 - Board of Appeals

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Attachment C Board Member introduced the following resolution and moved for its adoption: RESOLUTION #09-04-_ A RESOLUTION ADOPTING FINDINGS OF FACT #_ RELATING TO A REQUEST FOR A VARIANCE TO THE PLATTING REQUIREMENTS IN CITY CODE TO ALLOW A METES AND BOUNDS SUBDIVISION WHEREAS, LAN D Properties, hereinafter referred to as "Applicant", has properly applied for a variance to platting requirements established in Section 9.50 (Subdivision) of the Ramsey City Code to facilitate a metes and bounds subdivision to facilitate the combination of two parcels with current legal, non-conforming statuses. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, asfollows: 1. That the Applicant entered into a Development Contract on June 5, 1979 to construct a warehouse facility (the "Warehouse") in 1979 on PID 35-32-25-32-0021 (the "Parcell"). Parcel 1 was zoned B-1 Community Business at time of development. Parcel 1 is owned by LAN D Properties. 2. That the Applicant acquired PID 35-32-25-32-0023 .(the "Parcel 2") prior to constructing an expansion (the "Expansion") of the Warehouse. The Applicant entered into a Development Agreement with the City in July, 1983 to construct the Expansion. Parcel 2 is also owned by LAN D Properties. 3. That the Warehouse, together with the Expansion, is herein referred to as the Structure. 4. That the Site Plan for the Expansion indicated that the southerly line of Parcel 1 (the "Common Property Line") had been moved as to allow for appropriate setbacks. Current property records indicate that the Common Property Line has not been moved and is currently located through the Structure, thus creating the need for a variance to allow for zero lot line setback, unless the Common Property Line is removed. 5. That Parcel 1 and Parcel 2 received a Zoning Amendment to E-l Employment as guided by the 2001 Comprehensive Plan, thus creating Legal, Nonconforming Uses of setbacks and lot coverage. In addition, on August 12, 1985, the City amended City Code Chapter 9 to include the Mississippi River Critical River Overlay District, which boundaries include Parcel 2, thus creating additional Legal, Nonconforming Uses. 6. That City Code does not permit the combination of lots through the Administrative Subdivision process if the subdivision creates a nonconforming use. The combination of Parcell and Parcel 2 represents a Nonconforming Use because of the items listed in Item #5 above.