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REQUEST FOR CITY COUNCIL ACTION D a T E: a�l24101 ITEM NO: I' 2 Agenda Section: LAND USE Item Description: c� request by Kathleen Agness (Schorn Realry) for a Comprehensive Land Use Plan Amendment and Rezoning or an Interim Use Permit on property located at 2256 Lexington Avenue (PF3329) 1.0 REQUESTED ACTION 11 Kathleen Ag11eSS has requested a Comprehensive Plan Amendment from Low Density Residential (LDR) to Business (B) and a Rezoning from Single Family Residence District (R-1) to Limited Business District (B- 1) and/01' an Interim Use Permit (City Code Section IO 12.09) on the property located at 2256 Lexington Ave. 2.0 BACKGROUND 2.1 The 20,27 1 s.f. (97.7'x 207.1') property located at 2256 Lexington Avenue was formerly the Rymer School of Fine Arts Academy, a use that existed on the property for approximately 40 years (1960 to 2000). The building is estimated to be 2,700 s.f. in size. The building is 75+ years old and was originally a single family residence ( 1925 to 1960). Parking spaces (16 to 20) exist behind the building where parking pavement has covered the majority of the rear yard. 2.2 The buyer/seller assumed that a special use permit was issued to the Rymer Academy that could apply to Schom Realty. In 1960, when Rymer applied for the permit to operate in this building, the original application was for a rezoning to a B- 1 zone. The City Council and attorney at that time decided a more appropriate solution was a special use permit for the music school only. (Attached are the re-typed - for readability only . meeting minutes of the Planning Commission and Council in 1960.) Unfortunately for the applicant, in 1960 these special use permits were only recorded in City records, not with Ramsey County's recorder. This may have caused some of the confusion over zoning and permitted uses. 2.3 In 1984, the City amended the R- 1 code to allow private schools such as a music academy — as a permitted use in the R-1 zone. The City has no record of a special use permit for anything but the Rymer Music Academy. A Music School (or any public or private school) continues to be permitted use in the current R-1 low density residential zoning district teat; a business is not a permitted or conditional use. The City Code has no provision for offiCe conditional uses in an R-1 zone. At the August hearing, nearby property owners questioned if some type of special permit could be issued to allow onlv a small office, but prohibit other business or commercial uses. The only possible permit for this single use (with restrictive conditions) could be an Interim Use Permit, found in Section 1012.09 of the City Code and attached. 2.4 After Schom Realty occupied the property, the Community Development Department became aware of the inconsistent use through an inspection of the premises for signs being installed without a permit and not in accordance with the City Code. One of the office occupants also called asking for details of how to obtain a permit to pave the front yard for parking. The staff also received phone calls asking how the office had been approved on that site. Staff informed the owners that the use was not permitted within the current zoning classif'ications. At that time the owners chose to apply for a comprehensive plan and zoning amendment that would allow their real estate off'ice use. The owners invited neighbors in on June 20" to explain their PF3329 RCA (092401).doc Page 1