Agenda - Council Work Session - 05/11/2010

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DORM LAW FIRM, LTD. Wilbur F. Dorn, Jr., Attorney at Law 9380 Central Avenue NE Jody L. Erickson, Certified Paralegal Blaine, MN 55434 Telephone: 763-783-7000 Fax:763-783-5715 October 1, 2009 Ms. Amber G. Miller Planning Manager City of Ramsey 7550 Sunwood Drive NW Ramsey, MN 55303 Re: Ken Niles Dear Ms. Miller: I represent Ken Niles and Ken's Repair & Sales, Inc., and this letter is written in response to your letter to Mr. Niles dated September 21, 2009. This issue was last raised in 2002, and I wrote to the City at that time indicating that Mr. Niles' grandfather rights were, in my opinion, far more comprehensive than the City may wish them to be. We proposed a phased resolution of the matter, but the City never responded to the letter, nor did the City attempt any enforcement action despite earlier threats to do so. We have always interpreted that inaction to be a ratification of our position regarding grandfather rights. I would like to recap the history of this property. Ken Niles has owned this property since the late 1960's. The house was constructed in 1950, and the parcel was no doubt farmed prior to that time. When Mr. Niles acquired the property, he immediately began using it for vehicle sales and repair, and constructed the garage in about 1971. The machine shed was already on the property but was enlarged at about the same time. The City of Ramsey was not incorporated until circa 1974, and there were no zoning prohibitions regarding Mr. Niles' usage of the property, which has continued unchanged for about 40 years now. In earlier years, the City of Ramsey was one of his customers, as he serviced numerous City vehicles. The property has always contained varying amounts of inventory for sale, and the parcel is a single tax parcel. First of all, Mr. Niles has at all times maintained his state-issued motor vehicle dealer's license, and has indeed continued to use the property for sales and service of motor vehicles. He has maintained a general City business license under the name "Kens Repair & Sales, Inc. through December of 2008. He apparently forgot to renew the general business license as he was not sent a reminder letter as is usually the case, and earlier this week was told that now he cannot renew the general business license.