Agenda - Planning Commission - 01/02/2020

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The property was rezoned in the 1990s to B-1 Business District. According to the City Attorney, if there is any gap in residential use after rezoning for more than one (1) year, the property is no longer allowed to claim lawful, nonconforming residential use. From what Staff can determine, the property was used as strictly office (commercial/business) for approximately five (5) years. This means the property, under City Code, can only be used as business at this time. Process In order to allow this structure and property to be used for residential purposes, City Code requires a rezoning to R-1 Residential (MUSA). The Owner (Seller) has an active Purchase Agreement for residential purposes, and the Buyer is unwilling to close on this transaction unless this zoning verification/amendment is completed. The property was unaltered when used as offices, as the offices were for a residential builder. Proposed Use There is an offer for the eastern property (9340 Highway 10 NW) to be purchased and utilized as a strictly residential property. Code Sections • R-1 Single Family Detached Homes (MUSA) is found under City Code Section 117-111. • B-1 General Business District is found under Section 117-114. • Zoning Amendments alter the official zoning map under Section 117-90. Funding Source: The Applicant is responsible for all costs related to this request. Recommendation: Staff recommends the City Council adopt Ordinance #20-01 approving a Zoning Amendment for both properties from B-1 Business to R-1 Residential (MUSA). Action: Recommend the City Council adopt Ordinance #20-01. Attachments Site Location Map League of Minnesota Cities Memo on Nonconformities Ordinance #20-01 Form Review Inbox Reviewed By Date Chris Anderson Chris Anderson 12/18/2019 11:43 AM Tim Gladhill Tim Gladhill 12/27/2019 07:58 AM Form Started By: Chloe McGuire Brigl Started On: 12/16/2019 09:16 AM Final Approval Date: 12/27/2019