Resolution - #92-10-261 - 10/13/1992

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Councilmember Hardin introduced the following resolution and moved for its adoption: RESOLUTION #92-10.261 RESOLUTION ADOPTING FINDINGS OF FACT #0324 RELATING TO A REQUEST FROM WILLIAM C. DUBATS FOR A CONDITIONAL USE PERMIT TO ESTABLISH PROFESSIONAL OFFICES IN THE B-3 HIGHWAY BUSINESS DISTRICT That William C. Dubats, hereinafter referred to as "Applicant", has properly applied for a conditional use permit to establish professional offices and enclosed retail sales as permitted uses within existing structures in the B-3 Highway Business District. That the Applicant appeared before the Planning and Zoning Commission for a public hearing pursuant to Section 9.03.04 of the Ramsey City Code on October 6, 1992 and that said public hearing was properly advertised and minutes of that public hearing are hereby incorporated by reference. That the subject property is generally known as 6740 Hwy. #10 N.W. and is legally described as follows: Lot 3, Block 1, Riverside West, Anoka County, Minnesota That the adjacent properties to the west, east and south are zoned B-3 Highway Business; the property on the north side of Hwy. #10 is zoned B-3 Highway Business and I- Industrial. That the property was developed with two structures for which the City of Ramsey issued a conditional use permit in 1976 allowing for the following uses: private offices, retail sales, wholesale business, new and used home sales and display area, warehousing, heating and plumbing contractors office, supply yard and storage. That in 1981, the Ramsey City Council approved the issuance of a conditional use permit allowing for the establishment of a day care center in one of the structures. In accordance with Section 9.03.04 (Conditional Use Permits) of the Ramsey City Code, all of the approved conditional uses on the subject property, with the exception of storage and warehousing, have expired due to a discontinuance of use for twelve consecutive months. That the subject property is located in the B-3 Highway Business District and according to Section 9.21.23 (B-3 Highway Business) of the Ramsey City Code, professional offices and retail sales are not a permitted use in the B-3 Highway Business District. However, Section 9.21.23 also states that a conditional use permit may be obtained for any permitted B-1 Business use in the B-3 Highway Business District; professional offices and retail sales are permitted uses in the B-1 Business District. That on November 13, 1990, the Ramsey City Council adopted Ordinance #90-23 changing the zoning of certain properties adjacent to Highway #10 from B-1 Business to B- 3 Highway Business. Under the B-1 Business zoning regulations, professional offices and retail sales would have been a permitted use on the subject property. As a consequence of the rezoning, there are professional offices and retail sales uses currently existing in the B-3 Highway Business District that are now considered lawful non-conforming. 10. That the proposed uses will not adversely impact traffic in the area and the amount of hardsuffaced off-street parking spaces currently existing on the subject site is in compliance with City Code requirements for the intended uses.