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'\P /fllf... .. July 2, 2001 Mrs, Cindy Schwie 1383 Ryan Avenue Roseville, Mn, 55113 Dear Mrs, Schwie: At the June 26th City Council meeting, staff was asked to review and respond to four questions you had asked, Also enclosed is a copy of the February 2, 2001 letter approving the site plan, I, City staff and the City Attorney have determined that Har-Mar should be classified as a legal nonconforming use for City zoning administration purposes, All previous improvements to the Mall increasing the footprint of the structure were reviewed and formally approved by the City, Absent any evidence that the owners of the Mall constructed or modified the Mall beyond what was approved by the City, the City is unable to effectively compel a reduction in size of the existing Mall structure. 2, While an argument could be made that a change in use might intensify a nonconforming use, we do not believe a compelling argument exists that a change in use of a conforming use in a nonconforming structure can be deemed an intensification of the nonconformity. We have concluded that changes of conforming uses within the Mall do not constitute an intensification of the nonconforming structure, 3, Staff acknowledges that an inconsistency exists in the City Code regarding shopping centers and their parking requirements. The Code supports both an argument that all parking spaces must be within 300' of the structure they serve and that the numerical requirement should be defined by reviewing each individual use, The Code (in Section 1 005D2d) also specifies that Shopping Centers must provide five parking spaces per 1,000 square feet of leaseable area. We believe this provision should control because it provides a standard for the property owners, neighbors and City to follow that is not dependent on changing tenant occupancies, it is specific to the particular use, and does not create an impractical environment for effective administration and enforcement 4, The residential portion of the southern parking lot has a northern boundary just north of the north line ofShryer Avenue according to City maps, The southern boundary of the truck drive lane is approximately 100 plus feet north of the R-l zoned area, Sincerely, ~W~~ Dennis Welsch Community Development Director ~~ City Attorney \\Victoria\CommDev\Planning Files\3183 _Har Mar Utility VacationlJoelJ_Memo_07020 I.doc 2660 Civic Center Drive .:. Roseville .:. Minnesota .:. 55113 651-490-2200 .:. TDD 651-490-2207