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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 <br />in residential use after rezoning for more than one (1) year, the property is no longer allowed to claim lawful, <br />nonconforming residential use. From what Staff can determine, the property was used as strictly office <br />(commercial/business) for approximately five (5) years. This means the property, under City Code, can only be <br />used as business at this time. <br />Process <br />In order to allow this structure and property to be used for residential purposes, City Code requires a rezoning to <br />R-1 Residential (MUSA). The Owner (Seller) has an active Purchase Agreement for residential purposes, and the <br />Buyer is unwilling to close on this transaction unless this zoning verification/amendment is completed. The <br />property was unaltered when used as offices, as the offices were for a residential builder. <br />The Planning Commission met on January 2, 2019 and recommended approval of the proposed rezoning Staff <br />recommends the City Council waives the 10-day waiting period between Planning Commission and City Council <br />action on the Applicant's request for rezoning to allow the Applicant to close on the Subject Property within their <br />timeframe. <br />Proposed Use <br />There is an offer for the eastern property (9340 Highway 10 NW) to be purchased and utilized as a strictly <br />residential property. <br />Code Sections <br />• R-1 Single Family Detached Homes (MUSA) is found under City Code Section 117-111. <br />• B-1 General Business District is found under Section 117-114. <br />• Zoning Amendments alter the official zoning map under Section 117-90. <br />Funding Source: <br />The Applicant is responsible for all costs related to this request. <br />Recommendation: <br />Planning Commission recommends the City Council adopt Ordinance #20-01 approving a Zoning Amendment for <br />both properties from B-1 Business to R-1 Residential (MUSA). <br />Action: <br />Motion to Introduce Ordinance #20-01 Rezoning Two Parcels at 9340 Highway 10 NW. <br />Attachments <br />Site Location Map <br />League of Minnesota Cities Memo on Nonconformities <br />Ordinance #20-01 <br />Form Review <br />Inbox Reviewed By Date <br />Tim Gladhill Tim Gladhill 01/07/2020 04:05 PM <br />Kurt Ulrich Kurt Ulrich 01/09/2020 04:00 PM <br />Form Started By: Chloe McGuire Brigl Started On: 01/02/2020 10:50 AM <br />Final Approval Date: 01/09/2020 <br />