Agenda - Council - 03/22/2011 - Laserfiche WebLink

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In Richard J. Haefel, et al., v. The City of Eden Prairie, the Court deals with "intent to abandon". In this case, Haefel provided evidence of intent to continue the non -conforming use in the form of rental listings for lease of the property as the non -conforming use. Based on this evidence, the Court ruled that Haefel did not possess intent to abandon and had provided credible evidence of intent to continue. 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. In the interim, City Staff finds the Applicants may not use the unimproved (grass) area in the rear of the Subject Property for off-street parking (see attached letter from City of Ramsey dated October 6, 2006). In summary, City Staff is seeking direction as to whether City Council finds the Applicants intended to continue to use the Subject Property as Motor Vehicle Sales, based on the evidence submitted by the Applicants, attached to this case. Recommendation: City Staff recommends directing staff to consider the attached lease as credible evidence of intent to continue the non -conforming use. Council Action: Motion to instruct staff that materials provided related to request of legal, non -conforming use at 8110 Highway 10 NW do provide credible evidence of legal, non -conforming use. -or- Motion to instruct staff that materials provided related to request of legal, non -conforming use at 8110 Highway 10 NW do not provide credible evidence of legal, non -conforming use. Review Checklist: City Administrator G ' Planning Manager Attachments: Copies to: City Attorney a) Site location map b) Request from Applicant dated October 28, 2009 c) Request from Applicant dated November 12, 2009 d) Memo prepared by League of Minnesota Cities -Insurance Trust e) Findings from Richard J. Haefele, et al., v. The City of Eden Prairie Copy of the Lease g) Copy of Letter from City of Ramsey dated October 6, 2006 regarding Off -Street Parking CC: 11.24.2009