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JAN 24 '00 11:55 FR ACKSP LAW FIRM TO 6516399618 P.03/04 The Honorablo John Kysylyczyn January 24,2000 Page 2 The term "lot" is defined in the RCC as follows: Lot: a parcel of land, abutting OD a public street, being a lot designated in a recorded plat or a parcel occupied by a principal building on Ma.y 21, 1959, or being a parcel of record of sufficient size to provide the yards required by this code. RCC Chapter 1002.02 (emphasis added). If there is any doubt about the method for measuring a lot. the RCC further clarifies the picture by defining "lot line" as follows: Lot line: a property boundary line of any lot held in single o'WD.ership, except that where any portion of a lot extends into the abutting public street or alley, the lot line shall be deented to be the street or alley line. RCC Chapter 1002.02 (emphasis added). Finally, the term "street" is defined in the RCC as follows: Any public or private way set aside as a pennanent right of way for vehicular access forty feet (40~ or more in width ifit existed on May 21, 1959, and any such public right of way sixty fc:et (60') in width after said date. RCC Chapter 1 002.02 (emphasis added). The survey prepared by Sunde Land Surveying on December 21, 1999 in support oithe Bradley expansion proposal includes land which was occupied by Snelling Avenue and County Road B on May 21, 1959. Their inclusion of this land increases the square footage of the total HarMarparcel from 1,820,731 (based'on infonnation from the Ramsey County Assessor's Offico) or 1.826,821 (based on Roscville GIS files and acrialmaps dated 1999) to 2,111,018 square feet (as set out in the HarMar Building and Lot Coverage Chart prepared by Thomas Paschke in his request for Planning Commission action dated January 12. 2000). This is a difference of284,197 square feet. Most of this discrepancy js created by inclusion of property which may be outside of the lot line. (2). The lot coverage of HarMar MaD may currently exceed the 2S percent limit allowed under the RCC and, if so, may be a nontonformmg use. According to Roseville GIS files and aerial maps (1999) the lot coverage of buildings in the HarMar complex is currently 28.47 percent of the lot area. Therefore, the mall as currently configured may be considered a nonconforming use as defined in the RCC. "A nonconforming use is any use or a~gement of land or structures legally existing prior to the enactment of a code provision prohibiting such use." Chapter 1011.01 Pursuant to RCC Chapter 1011.02, "Any non~conforming use may be continued but may not be extended, expanded. intensified or changed unless to a. confonning use." If HarMar Mall, as cw:rcntly configured, is not a conforming use, any expansion