1991-04-22 Minutes - Laserfiche WebLink

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BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA, MINNESOTA 55303 TEL: (612) 421 -5151 FAX: (612) 529 -2273 EDMUND P. BABCOCK — of Counsel NORTHTOWN OFFICE LANDOL J. LOCHER — of Counsel NORTHTOWN FINANCIAL PLAZA JAMES M. NEILSON 200 COON RAPIDS BLVD. FELIX A. MANNELLA SUITE 245 ROBERT F. MANNELLA COON RAPIDS, MN 55433 GARY T. LAFLEUR TEL.: (612) 7116-0250 THOMAS A. KLINT FAX (612) 786 -8617 STEPHEN J. NASH GREGORY J. HELLINGS COLEEN J. CARLSTEDT- JOHNSON RANDALL J. FULLER F. ANTHONY MANNELLA SHIRLYN A. ADKINS April 10, 1991 Tamara M. Miltz- Miller Centerville Clerk /Administrator 1694 Sorel Street Centerville, MN 55038 Re: Richard W. Tuomi Variance Dear Tammy: Pursuant to our recent telephone conversation, please consider this letter as my legal opinion in the above- referenced matter. As I understand the facts, the applicant desires a variance from the City of Centerville to enlarge the existing garage on the property commonly known as 1759 Main Street. As I further understand it, the garage is currently a non - conforming structure since it does not comply with the 25 foot rear yard back. Secondly, the garage appears to exceed the ten percent rear yard footage requirement. Thirdly, the use of the property at 1759 Main Street is also non - conforming since the area is zoned C -1 Conservation Zoning District which allows only public parks and playgrounds. Centerville City Ordiance 4- 42.03 -1 provides: No such non - conforming use shall be enlarged or increased, or extended to occupy a greater area than was occupied when the use became non - conforming. Thus, generally speaking, if the structure is allowed to be enlarged by variance, both the structure and the use would become a permitted use from a legal standpoint. Minnesota Statute §462.357, Subd. 6 provides, in summary, that a governing body may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. Thus, Minnesota Statutes provide that the City of Centerville could not allow an expansion or addition to the existing structure on the property, which is a grandfathered non - conforming use, even with the use of a variance. Simply speaking, because the use of the structure is non - conforming with the zoning requirements for a C -1 Zone, a variance to the use may not be granted. Should the City Council decide that the C -1 Zone is not appropriate for the property in question, then perhaps a rezoning