Agenda - Council - 03/27/2018 - Laserfiche WebLink

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City of RAMF Cur Miiilr}Im: To wort together ko respotibiy grow our community, and to provide quality, cost-effective, and efficient government services. CC Regular Session 7. 3. Meeting Date: 03/27/2018 By: Chris Anderson, Community Development Information Title: Update on Zoning Verification for Baker White at 6111 Highway 10 NW Purpose/Background: In January of this year, a Building Permit Application for an interior remodel was received for the building located at 6111 Highway 10 NW (the "Subject Property"). As the permit was reviewed, questions were raised regarding whether the intended use was permitted within the H-1 Highway 10 Business District. After multiple consultations with the City Attorney's office, it was determined that the use was neither a permitted, conditional, or accessory use in this zoning district and therefore, Planning Division Staff did not approve the Building Permit. Since that time, Staff has continued to explore potential remedies and has also met with both the Business Owner and the Property Owner to discuss this matter and gather additional information. Notification: Notification is not required as this is only intended as an update for City Council. Observations/Alternatives: Baker White (the "Business") currently utilizes four (4) of the existing six (6) suites within the multi -tenant building on the Subject Property. The suites occupied by the Business include an E-Cig retail operation (permitted use), Baker White offices (permitted use), a warehousing space (accessory use), and a clean room/mixing lab (warehouse), which would be classified as light manufacturing (not permitted in this zoning district). It was the City's understanding that this existing warehouse space was directly related to the adjacent eCig retail suite, and not a separate light manufacturing and distribution use. The Building Permit Application was to create new space where 'sample sticks' (www.samplesticks.com) could be made for vape customers to taste test various flavors prior to purchase. The production of the 'sample sticks' essentially includes melting a hard gel in a microwave, dipping small sticks in the liquid, and letting the liquid cool till it is hard again. This too would be classified as light manufacturing, after consultation with the City Attorney. Records indicate that this Business has been operating on the Subject Property since 2013 (that was the first record of a Business Registration Certificate) with no apparent issues. However, as a result of a Fire Safety Inspection in 2017, the Business was informed that fire suppression was required for the clean room/mixing lab suite. It appears that those improvements have been made (permits were issued retroactively for the work in 2017). It also appears that other interior improvements were occurring at that time without the necessary permits (removing and/or moving a mezzanine as well as modifying the fire suppression system). In order to correct an immediate public safety concern, the fire suppression system was updated. This process did not include a request for Zoning Verification. Sidebar: as a result of this scenario, which does occur from time to time, Staff is in the process of including a Zoning Verification and Building Code Verification with each permit and license that is issued by the