Agenda - Planning Commission - 10/15/2015

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Regular Planning Commission Meeting Date: 10/15/2015 By: Tim Gladhill, Community Development Information 5. 3. Title: PUBLIC HEARING: Consider Recommendation on Comprehensive Plan Amendment and Zoning Amendment for 6139 157th Ln NW Purpose/Background: Please note: there is no physical development being proposed with this case. The intent of this case is to amend a previous approval for an existing use. There are, however, additional outcomes of the decision beyond the current, approved Conditional Use Permit for this Property. Purpose The purpose of this case is to hold a Public Hearing and consider a recommendation to the City Council on two actions: 1. Comprehensive Plan Amendment from Low Density Residential to Commercial 2. Zoning Amendment from R-1 Residential (MUSA) District to B-1 General Business District The impetus for this case is a recent re -financing of the Property. The lender is concerned about the current non -conforming status of the Property for use of Professional Office. Specifically, the lender is concerned about State Statute language regarding non -conforming uses that are terminated for a period of twelve (12) months. State Statue then considers the non -conforming uses abandoned and loses said status. Background The Property is currently located in the R-1 Residential (MUSA) District. None of the current uses of the Property are listed as Permitted or Conditional Uses, although the City has previously approved these uses. The purpose of this case is to step back and apply the proper approval process for a previous City action. The current situation is not a result of the current Owner not following proper procedures to request City approval. The Property was originally home to Lord of Life Church, until such time Lord of Life moved to their current location. Churches and Places of Worship are Conditional Uses in the R-1 Residential (MUSA) District. The effect of the vacation of the former church structure by Lord of Life was a structure that was not consistent with a single-family dwelling. In 1991, in an effort to find an acceptable adaptable re -use of the property and consistent with policies and practices at the time, the City Council amended the Conditional Use to allow for Professional Offices. The 1991 Conditional Use Permit was subsequently amended to allow for Commercial Day Care and a Deli. The deli is no longer in operation. Since these uses are not listed under the underlying Zoning District, the use is considered non -conforming. Since the non -conforming status is the result of the process undertaken by the City, and not for lack of seeking proper approval on the part of the Owner, the non -conforming uses are permitted to continue without expansion and provided that the use is not terminated for a period twelve (12) months. Notification: Staff attempted to notify all Property Owners within 350 feet of the Subject Property via Standard US Mail. The Public Hearing Notice was also published in the Anoka County UnionHerald.