Agenda - Council - 11/10/2009 - Laserfiche WebLink

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CASE # L/ REQUEST TO CLASSIFY MOTOR VEHICLE SALES AS A LEGAL, NON-CONFORMING USE AT 8110 HIGHWAY 10NW; CASE OF CHAD LUNDQUIST AND ERIC LUNDQUIST By: Tim Gladhill, Associate Planner Background: The City has received an a request from Chad Lundquist and Eric Lundquist to classify motor vehicle sales as a legal, non-conforming use at 8110 Highway 10 NW. Per City Ordinance #09-13, Motor Vehicle Sales and. Repair became a conditional use in the B-2 Highway Business District, effective October 19,2009. Anyparcel actively using their parcel as motor vehicle sales or repair became atthe time the ordinance became effective was classified as a legal, non-conforming use. The Subject Property was not used as motor vehicle sales when the ordinance became effective, but the Property Owners claim a lease existed on the Subject Property for motor vehicle sales through March 2, 2009. The Subject Property is currently being used for motor vehicle repair, but not sales. Notification: No notification is required. Observations: On October 23, 2009, the Property Owners contacted the City Clerk to obtain Ii City Motor Vehicle License to operate a motor vehicle sales use. The City's Planning Division requested evidence of the last date the Subject Property was used as Motor Vehicle Sales to establish legal, non-conforming use, if warranted. The Property Owner submitted a copy of a lease by and between the Property Owners and Amazon Auto that expired on March 2, 2009. City Staff verified with the owner of Amazon Auto that the lease was valid. City Staff is aware that the tenant, Amazon Auto, vacated the .premises prior to the expiration of the lease. Nonetheless, it appears that the Property Owners' intended to continue the use as motor vehicle sales, and the vacation of the motor vehicle sales tenant may be beyond the Property Owners' control. Minnesota Statute S 462.357 governs non-conforming uses. The Statute states that legal, non- conforming use can be lost when the use is discontinued for more than a year. Under case law, according to the League of Minnesota Cities Insurance Trust (LMC-IT), a one-year p~riod of discontinuance creates a presumption of abandonment. A property owner can then rebut the presumption by presenting evidence of intent to continue the use, or that the discontinuance was beyond his or her control. The lease provided by the Property Owners presumably provides evidence of intent to continue motor vehicle sales. The Applicant has also made the request to use Class V as a parking surface should the Subject Property be used for motor vehicle sales. This request will not be heard as part of this request, but will be heard in the near future. City Staff finds that the Property Owners may not park or store any motor vehicle on any surface on the Subject Property that is not concrete or bituminous. Recommendation: City Staff recommends approval of the attached resolution, verifying motor vehicle sales as a legal, non- conforming use, subject to applicable statutes governing non-conforming uses.