Minutes - Council - 06/10/1997 - Laserfiche WebLink

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the City Council rezoned the property from Industrial to [I-3 Highway [1usiness, a new established district that allowed motor vehicle sales, lease and repair as a permitted use. She explained that there was a brief period from 1990 to 1993 where outside display areas required a conditional use permit, however, in 1993, Council again amended the code requirements to establish that outside display areas were a permitted accessory use as long as they were paved and curbed and any pre-existing display areas, driveways and customer/employee parking areas not paved and curbed had until January 1997, to do so. The Hills have also taken the position that they have grandfather rights to conduct commercial activity on their property without the required site improvements being in place and that the City does not have the legal authority to place a sunset or closure date on non-conforming site standards. If the City does have such authority, then the Hills are requesting an unlimited extension to these requirements. Ms. Frolik stated that staff has asked the City Attorney to give a determination about legal authority. City Attorney Goodrich stated that this use is lawful - permitted in that zone, however, the performance standards are not being complied with. We need to look at this situation and others on a case by case basis. This is a lawful ordinance for the City to enact and enforce. We have a hardship provision and the courts would find this ordinance reasonable. Julieann Hills stated they cannot afford to blacktop and added that they were told by the City that they did not have to blacktop now or in the future. They know they will not realize profits enough to make these improvements. She reported that the City is calling them a business - but they are living in a house there. She added that they bought the property because according to City staff they would always be grandfathered and not have to make improvements. Councilmember Beyer expressed disagreement with the blanket rezoning done back in 1988 or SO. Staff pointed out that the blanket rezoning made the Hill's business a permitted use. City Administrator Schroeder stated that the issue is whether or not the City has the legal right to enforce this ordinance. The City Attorney has said the City has such rights. Staff is asking to revisit this property use at the next meeting. Tonight we are asking for the City Council to accept Mr. Goodrich's report and provide direction. Ms. Hill asked if their grandfather rights would be able to be passed on to a buyer should they decide to sell their property. Mr. Goodrich stated that, generally, the grandfather rights transfer with the land, however, he believes the Hills do not have grandfather rights. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to accept the attorney's opinion and that Council direct the attorney and staff to look at the hardship clause in the ordinance to find out if this situation applies. Further comment: Doug Fountain, 15255 Garnet Street NW, Ramsey, stated that the City has gotten themselves into ordinance enforcement issues. If the Hills are losing $10,000 a year, as City Council/June 10, 1997 Page 9 of 17