Agenda - Planning Commission - 12/03/2009

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Memo CASE # ~. DATE: November 25,2009 TO: Ramsey Planning Commission FROM: Community Development Staff RE: Staff Update , City Council Update. The following is a brief summary of actions taken in November that may be of interest to the Planning Commission: Requestfar a Hame Occupatian Permit to. Operate a Concrete and Masonry Contractar Service at}5740 Azurite Ct NW. The City Council approved the request for a home occupation on this pal'cel with the recommendations from Planning Commission as well as an agreement with the Applicant to restore the areas of buried debris and reimbursement to the City for prior clean-up costs. Request to. Consider Evidence of Intent to. Cantinue Use af Motor' Vehicle Sales Related to. Legal, Non- Confarming Use Claim 'at 8110 Highway 10 NW; Case afChad LW1dquist,and Eric Lundquist. As the Planning Commission is aware, the City recently adopted an ordinance to make Motor Vehicle Sales and Repair a Conditional Use as opposed to a Permitted Use, The City received a request from the Subject Property to allow Motor Vehicle Sales without a conditional use on the basis of legal, non-conforming. Since there exists no conditional use permit on - the Subject Property, the use is non-conforming. , Furthermore, there clearly existed a discontinuance of the non-conforining use. State Statute defines an' intent to abandon as a discontinuance of one year or more, unless rebutted by the Applicant with credible evidence of 'intent to continue' with credible evidence. The Applicants provided credible evidence of 'intent to continue' the non-conforming use, as ratified by the City Couhcil. Essentially, the Applicants proved they did not possess an 'intent to abandon' the use, as defmed by Minnesota Statute. Further information regarding llOn-conforming uses is attached-from the League of Minnesota Cities. As, a further note, City Staff has been able to process two (2) legal, non-conforming claim~ administratively based on evidence provided to Staff. In these cases, the evidence showed there was no discontinuance of the non-conforming use. Update on Summerset Meadows. As the Planning Commission may recall, a Major Subdivision, Summerset Meadows, received Preliminary Plat approval in 2005. , Since then, the City has granted multiple extensions to the timeline to submit for Final Plat. Recently, Citizens Bank' of Hudson secured fee title to the Subject Property in lieu of foreclosure. In Staff's most recent discussions with Citizens Bmlk of Hudson, it appears that the intent is not to move forward with the Final Plat of Summerset Meadows. PC: 12.03.09 41