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

Home

Attachment B Councilmember introduced the following resolution and moved for its adoption: RESOLUTION #09-11-_ A RESOLUTION ADOPTING FINDINGS OF FACT #_ RELATING TO A REQUEST FROM CHAD LUNDQUIST AND ERIC LUNDQUIST TO CLASSIFY MOTOR VEHICLE SALES AS A LEGAL, NON-CONFORMING USE AT 8110 HIGHWAYIONW. WHEREAS, the City of Ramsey received an a request from Chad Lundquist and Eric Lundquist (the "Property Owners") for a motor vehicle license issued by the City located on the property generally known as 8110 Highway 10 NW and legally described as follows: UNPLATTED RAMSEY TWSP BEG AT PT ON E LINE Of SE1/4 Of NW1/4 Of SEC 29-32-25, 30 FT S Of INTERSECTION Of SD LINE WITH SLY BOUNDARY Of RT Of WAY Of US HWY 10-TH NWLY & PARA WITH HWY & 30 FT SWLY THEREOf A DIST Of 200 FT-TH SLY & PARA WITH E LINE.Of SE1/4 Of NW1/4 A DIST Of 400FT-TH SELY & PRLL/W U S HWY NO 10, 200 FT TO E LINE Of SE1/4 OfNW1/4-TH N ALONG E LINE Of SE1/4 Of NW1/4 400 FT TO PT Of BEG- TOGETHER WITH EASE OVER & ACROSS 30 FT STRIP Of LAND BETWEEN SD RY & PROPERTY ABOVE DESC. (the "Subject Property"); and NOW THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA that the findings of fact relating to the request are determined to be as follows: 1. That the Subject Property is zoned B-2 Highway Business. 2. That on October 19,2009, motor vehicle sales and repair became a conditional use in the ,B-2 Highway Business District per City Ordinance #09-13. Any parcel with motor vehicle sales or repair without a conditional use permit as of October 19, 2009 became a legal, non-conforming use. 3. That on October 23, 2009, the City received a request from Chad Lundquist and Eric Lundquist (the "Property Owners") for a City Motor Vehicle License to operate a motor vehicle sales operation. The Subject Property is not currently being used for motor vehicle sales, nor was the Subject Property being used as motor vehicle sales on October 19,2009. 4. That the Property Owners claim that motor vehicle sales is a legal, non-conforming use on the Subject Property made evident by a lease with Amazon Auto that expired on March 2,2009. 5. That Minnesota Statute S 462.357 governs legal, non-conforming uses and states that legal, non-conforming use can be lost when the non-conforming use is discontinued for more than one year. Under case law, a one:..year period of discontinuance creates a presumption of abandonment. A land owner can then rebut the assumption by presenting evidence of intent to continue the use, or that the discontinuance was beyond his or her control. 6. That on October 28, 2009, the City received a copy of a lease by and between the Property Owners and Amazon Auto that expired on March 2, 2009 (the "Lease"). The