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3) Menard Accessory Building <br /> <br />1) <br /> <br />Community Development Director Frolik stated that Lonny Menard resides at 8900-181st <br />Avenue. In 1985, he constructed a 5,000 square foot building on an 11-acre vacant parcel <br />he owns immediately west of his homestead. Since that time, he has been using the <br />building for commercial purposes without the benefit of a conditional use permit required <br />by the City for a commercial use on a residentially zoned parcel. In addition, City Code <br />states that no accessory structure shall be built on a lot without the presence of a principal <br />structure (dwelling) on the property. This results in the existing accessory structure being <br />considered unlawful non-conforming. Mr. Menard now wants to sell the property with <br />the building on it. Because of the size and structural design of the building, and the fact <br />that there is not a home on the lot, potential commercial users are attracted to the <br />property. Additionally, the property has been marketed with an emphasis on the potential <br />commercial use of the building rather than focusing on the fact that the property is zoned <br />residential. The consensus of the previous City Council is that the best case scenario <br />would be conversion of the property from non-conforming to conforming. This would <br />require constructing a home on the property and utilizing the accessory building for <br />storage of personal vehicles and equipment, or commercial vehicles and equipment <br />owned and operated by the homeowner only. In the event that this is not possible, the <br />Council indicated that they would consider reviewing a conditional use permit request to <br />operate a low intensity business on the property that would not have intentions for <br />expansions. The property owners and realtors have expressed concern that there is not a <br />reasonable building pad for a home on the property because of a major power easement <br />that crosses the property. And, at a minimum, the power easement renders the property <br />an undesirable location for a home. City staff has suggested that a survey could answer <br />the question of whether or not there is a reasonable building pad on the site. Because the <br />power easement consumes so much of the front yard, staff has also indicated a <br />willingness to support a variance to the requirement that the home be located closer to the <br />front property lien than the accessory building. Last summer, the City's regulations for <br />the residential districts were amended. Now, the City Code specifically names and <br />restricts the types of conditional uses the City can allow in the residential districts. In the <br />R-1 District, conditional uses are restricted to commercial and private dog kennels, <br />commercial horse boarding, religious institutions, cemeteries, and essential services. <br />Therefore, the only tool available to Mr. Menard to legalize a commercial use of the <br />subject building is an Interim Use Permit, which is restricted to a five-year period. He <br />contends that buyers with commercial uses will not invest in the property with a five-year <br />use limit. In summary, Mr. Menard has a sort of "white elephant" on his hands that he is <br />trying to sell: An eleven acre residential piece of property without a home that contains a <br />5,000 square foot non-conforming accessory building that was designed and constructed <br />to standards exceeding a typical residential accessory structure. <br /> <br />Councilmember Zimmerman stated that he could agree with a situation where someone has a <br />residence on the property and operating a business, but not a stand alone commercial business. <br /> <br />City Council Work Session/March 18, 2003 <br /> Page 4 of 9 <br /> <br /> <br />