2001-02-06 P & Z Agenda - Laserfiche WebLink

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Mr. Yaeger questioned the submittal of the rezone and who requested same; the City, the property owner, or the buyer of the property. Mr. March explained the business currently operating out of the pole barn is non-conforming but would be allowed to continue operating under the Special Use Permit without a rezone to Industrial. Mr. March stated he was not privy to the terms of the sale but suggested the buyer may have requested the rezone to make the property more saleable in the future or perhaps it was requested by the financing institution. Mr. March stated he was not sure whether the rezone to Industrial affected the sale of the property. Mrs. Stevens indicated the rezone to Industrial would affect the sale of the property. Mrs. Stevens indicated she has been paying Commercial taxes for a number of years and believes she is entitled to the rezone. Mr. March explained that Anoka County taxes property at the highest use rate allowed and due to the fact there is a business operating out of the pole barn, Mrs. Stevens is being taxed Commercially on the portion of the property regardless of the zoning designation by the City, which is Residential. Mr. March stated if the property is not rezoned the business will be allowed to continue to operate under the currently issued Special Use Permit. The City cannot revoke the Special Use Permit unless the business is found to be in violation of the conditions of same. Ms. Chris Swenson, 7016 Brian Court, explained to Council she had researched the area and believed the area to be a residential development. She expressed concern for future use of the property should the rezone to Industrial be granted. Ms. Swenson stated she did not believe an industrial use for the property was appropriate or safe for the neighborhood. Ms. Maska expressed concern for the impact on the neighborhood if an industrial use for the property is approved. Ms. Maska stated she was concerned for property values and resale of the homes in the neighborhood if there is an industrial property in the neighborhood. Mrs. Yaeger questioned whether there were trucks parked at the building. She then suggested the parcel be split and the portion with the pole building be zoned Commercial or be issued a Special Use Permit. She also suggested requiring the buyer to install some type of screening. Mr. March noted the tenant did not appear too concerned for the type of zoning of the parcel provided the Special Use Permit would allow him to continue to operate his business. Mr. March explained the building is non-conforming structure and, therefore, could not be rebuilt should it be destroyed by a natural disaster. Mr. Dave Luke, 7026 Brian Court, questioned whether the pole building conformed to the requirements of an industrial building. Commissioner LaMotte indicated the building did not conform to Industrial requirements and was being "grandfathered in" under Commercial requirements. Mr. March explained the building did not comply with any requirements at this point and is classified as non-conforming under City code. Mr. Don Moe, 7480 Brian Court, addressed the Commission and indicated that at the. time he and his neighbors decided to build their homes, they researched the City's Page 3 oflO