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The property owners and realtors have expressed concem that there is not a reasonable building pad <br />for a home on the property because of a major power easement that crosses the property. And, at a <br />minimum, the power easement renders the property an undesirable location for a home. City Staff <br />has suggested that a survey could answer the question of whether or not there is a reasonable building <br />pad on the site. Because the power easement consumes so much of the front yard, Staff has also <br />indicated a willingness to support a variance to the requirement that the home be located closer to the <br />front property line than the accessory building. <br /> <br />Since 1990, it has been the City's policy to not accept applications for businesses to be operated out of <br />garages and accessory buildings in the residential districts. However, when the City accepted the <br />applications from the cabinet maker and the steel manufacturer in 2000 and 2001, it was an attempt to <br />gain control of a non-conforming building in a residential district. Last summer, the City's regulations <br />for the residential districts were amended. Now, the City Code specifically names and restricts the <br />types of conditional uses the City can allow in the residential districts. In the R-1 District, conditional <br />uses are restricted to commercial and private dog kennels, commercial horseboarding, religious <br />institutions, cemeteries, and essential services. Therefore, the only tool available to Mr. Menard to <br />legalize a commercial use of the subject building is an Interim Use Permit which is restricted to a 5 <br />year period. He contends that buyers with commercial uses will not invest in the property with a 5 <br />year use limit. <br /> <br />Attachments: <br />1. Site location map and excerpt from County Half-Section map identifying power easement & l°wlancls. <br /> <br />2. Planning Commission minutes dated 5.1.00 and City Council minutes and findings of fact dated 5.23.00 <br /> relating to a request from Barrett's Woodworking to establish a cabinet shop in the Menard building. <br /> <br />3. Planning Commission minutes dated 8.7.02 and City Council minutes and findings of fact dated 8.28.01 <br /> relating to a request from North Suburban Steel to establish a warehouse in the Menard building. <br /> <br />Action Statement: <br /> <br />In summary, Mr. Menard has a sort of'white elephant' on his hands that he is trying to sell: <br /> <br /> An eleven acre residential piece of property without a home that contains a 5,000 square <br /> foot non-conforming accessory building that was designed and constructed to standards <br /> exceeding a typical residential accessory structure. According to City Code, the only <br /> options available to Mr. Menards at this point in time are: <br /> <br /> 1) convert the property to a residential use by constructing a home on the property; <br /> <br /> 2) legalize some sort of commercial use of the property for a maximum of 5 years by <br /> obtaining an Interim Use Permit; or <br /> <br /> 3) apply to the City for a comprehensive plan amendment and rezoning of the property to <br /> commercial. <br /> <br /> Staff is requesting some direction from City Council regarding possible solutions to the Menard <br /> situation. It should be noted that there is a similar situation occurring with the Stanley Welsh <br /> accessory building on Ramsey Blvd. <br /> <br />CCWS: 3.18.03 <br /> <br />· Page 2 <br /> <br /> <br />