Agenda - Council - 01/13/2004 - Laserfiche WebLink

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Case #7: Request for Exception from Development Moratorium; Case of Ron Touchette Community Development Director Frolik stated that the north side of Highway #10 lying south of BNSF Railroad and extending from Ramsey's border with Anoka, west to the vicinity of Puma Street, is currently under a development moratorium during the preparation of the Alternative Urban Areawide Review (AUAR). The City engaged the services of The Tinldenberg Group to draft an AUAR in response to MnDOT's T.H. #10 Corridor Management Plan, which reflects that the proposed alignment for a six-lane freeway system through Ramsey requires shifting the corridor to the north. The moratorium was implemented on August 25, 2003, and will expire on February 25, 2003. The moratorium ordinance provides for exceptions when compliance may result in undue hardship. The City has received a written request from Mr. Ron Touchette. He is the owner of the property located at 7127 Highway #10 NW. The property is currently occupied by a multi-tenant building housing a liquor store and an attto body shop. There is also a lawful, non-conforming, two-unit dwelling on the property and a detached garage. Mr. Touchette is proposing to remodel the liquor store to facilitate a new tenant, MGM Wine and Spirits. The remodeling consists of a 912 square foot addition to the west wall of the building to accommodate product coolers, the addition of a 168 square foot separated entrance at the front door to the store, and some new fagade treatments. Mr. Touchette's written request for art exception to the moratorium addresses each point of the 'exception' criteria contained in Ordinance #03-27. Mr. Touchette has stated that the current condition of the building is such that the proposed upgrades are necessary to achieve economic viability necessary for proper maintenance of the property. Staff recommended granting the moratorium exception to Mr. Ron Touchette. Councihnember Elvig stated that his concern is one of precedent setting if they are going to be adding value to the property. He questioned if there was a way they could enter into some language that would state that the improvements made to the property are non-reimbursable. City Attorney Goodrich replied that the City has done that in past with other projects. He also noted that the City is working on drafting an ordinance to address that very issue so it would seem reasonable to place that language in the development agreement. Community Development Director Frolik noted that the plan does comply with the proposed ordinance. Councilmember Elvig inquired if it was possible to adopt the ordinance before approving Mr. Touchette's request. Ron Touchette, 7127 Highway #10 NW, Ramsey, explained that the current lease for the building expired in September and they have working since that time to resolve the issues and upgrade the property in order to receive some economic profit. They are looking to increase the use of retail space and decrease the amount of automotive use. MGM Wine and SPirits needs to~ complete the change during their down time so they can be operating in April: City Council/December 9, 2003 Page 11 of 23 -33-