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Title/Issue: <br />'By: <br />Background: <br /> <br />CITY COUNCIL WORK SESSION <br /> Lonny Menard Accessory Building <br /> <br /> Sylvia Frolik, Community Development Director <br /> <br />Lonny Menard resides at 8900 181st Ave. In 1985, he constructed a 5,000 (50'x100') square foot <br />building on an 11 acre, vacant parcel he owns immediately west of his homestead. Since that time, he <br />has been using the building for commercial purposes without the benefit of a conditional use permit <br />required 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 structure <br />(dwelling) on the property. This results in the existing accessory structure being considered unlawful <br />non-conforming. <br /> <br />Mr. Menard has stated that when he constructed his building, he did so in accordance with the <br />recommendations of the Building Inspector at the time. Mr. Menard recalls that when he explained <br />his intent for the proposed building in 1985, the City Building Inspector advised him to construct his <br />building on his vacant lot, west of the homestead. However, there is also a letter on file wherein the <br />City advised Mr. Menard in 1992 that he needed a conditional use permit to legalize the commercial <br />use of the property. Mr. Menard did not follow up and apply for the permit. <br /> <br />Mr. Menard now wants to sell the property with the building on it. Because of the size and structural <br />design of the building, and the fact that there is not a home on the lot, potential commercial users are <br />attracted to the property. Additionally, the property has been marketed with an emphasis on the <br />potential commercial use of the building rather than focusing on the fact that the property is zoned <br />residential. <br /> <br />In 2000, the City received an application from a cabinet maker for a conditional use permit to base his <br />business out of the building. The cabinet maker was looking for a property on which his business <br />could double in size. The City Council denied the request because a residential zone is not an <br />appropriate location for a growing business. In 2001, the City received an application from North <br />Suburban Steel to operate a warehouse on the property that would involve two trucks coming to the <br />site twice a day. Council denied the request on the basis that a steel warehouse is more industrial than <br />commercial and too intense for a residentially zoned area. <br /> <br />The consensus of the previous City Council is that the best case scenario, would be conversion of the <br />property from non-conforming to conforming. This would require constructing a home on the <br />property and utilizing the accessory building for storage of personal vehicles and equipment, or <br />commercial vehicles and equipment owned and operated by the homeowner only. In the event that <br />this is not possible, the Council indicated that they would consider reviewing a conditional use permit <br />request to operate a low intensity business on the ,property that would not have intentions for <br />expansions. <br /> <br /> <br />