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Chairperson Bauer called the public hearing to order at 8:13 p.m. <br /> Presentation <br /> City Administrator Hagen presented the staff report stating that staff recommends approval of the <br /> ordinance as presented. <br /> Chairperson Bauer asked if this would only apply if the City obtained ownership of the property. <br /> City Administrator Hagen replied that in this scenario it would only apply to ownership but would <br /> also apply to the County and State ownership of property in addition to the City. <br /> Commissioner Anderson stated that he would like another example. He used the scenario of a <br /> business along Highway 10 that will be impacted by the project and asked if this would allow for <br /> the highway to be expanded with a partial taking of the property and whether the business would <br /> just become nonconforming. <br /> City Administrator Hagen replied that if there were a 30-foot setback that the building currently <br /> meets and the City needs a portion of that for public improvement, such as five feet, that would <br /> make the property a legal nonconforming use as the reason the property became nonconforming is <br /> because of the need for the land for the public improvement. <br /> Commissioner Anderson asked if the business were to change ownership, would the legal <br /> nonconforming designation continue. <br /> City Administrator Hagen confirmed that if the business were to change ownership, it could <br /> continue to use the existing structures and parking. He stated that there would also be provisions <br /> that would allow expansion if it were to make sense as the land that was taken for the public <br /> improvement would qualify as the practical difficulty. He stated that Anoka County is reviewing <br /> the land necessary in each scenario on a case-by-case basis and whether the business could still <br /> operate under those conditions. He stated that if the business could no longer operate in the same <br /> manner, the County would do a full taking of the property. <br /> Commissioner Walker stated that if a business along Highway 10 were damaged by tornado or fire <br /> and needed to be rebuilt, could it rebuild in the same position or if there was sufficient space to <br /> meet setbacks would then business then need to meet setbacks. <br /> City Administrator Hagen replied that it would depend on the case. He stated that if there were a <br /> natural disaster and a permit were obtained within the allowed time, they could rebuild in that <br /> footprint. <br /> Senior Planner Anderson replied that per State Statute,the business would have 180 days to apply <br /> for a building permit in order to rebuild in the exact same footprint because of the lawful <br /> nonconforming designation. He stated that the business could also expand as long as that <br /> expansion were not occurring in the reduced setback area. <br /> Planning Commission/July 28, 2022 <br /> Page 11 of 13 <br />