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<br /> CITY OF ARDEN HILLS <br /> . MEMORANDUM <br /> TO: Dorothy Person, city Administrator <br /> Arden Hills City Council <br /> FROM: Brian Fritsinger <br /> DATE: August 16, 1993 <br /> SUBJECT: Ryder Student Transportation services <br /> Ryder Student Transportation Services has submitted an <br /> application for a Special Use Permit/Variance to make <br /> improvements to its site. These improvements are primarily <br /> in response to the concerns expressed by neighboring <br /> residents. However, they also need to make some <br /> improvements to their fuel tanks to meet current <br /> environmental regulations. <br /> In reviewing the history of this property, the city has <br /> become aware of issues related to the use and zoning. In <br /> fact the efforts now under way with Ryder appear to stem <br /> from the complaints received from neighbors on the noise and <br /> . mud/dust issues. <br /> I understand that the Council is somewhat familiar with the <br /> issues involved in this case. The Council is also familiar <br /> with the area of our ordinance which discusses a business <br /> being an illegal or legal non-conforming use. <br /> 1. Non-conforminq Use <br /> It is agreed upon that Ryder is currently a legal non- <br /> conforming use. As a non-conforming use, the <br /> city's ordinance states that the intent of the <br /> City will not be to encourage its survival because <br /> of incompatibility with permitted uses in the <br /> zoning district in which it is located. <br /> As such, the ordinance also does not allow a non- <br /> conforming use to be enlarged, intensified, increased <br /> or extended to occupy a greater area of the lot on <br /> which it is now located. Attached you will find a <br /> letter from Mr. Filla on expanding a non-conforming <br /> use. <br /> The consensus of staff is that the City would be best <br /> served by amortizing the life of this use. In <br /> other words, encourage the closure of the non- <br /> conforming use (business) by providing them a <br /> . window of time, S years minimum, to cease <br /> operations. If the City believes that in the <br />