6.1. SR 07-18-2011 - Laserfiche WebLink

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On May 7, 1984, the City added additional conditions to the previously approved conditional use permit. Although the Applicants were represented by counsel at this hearing, the conditional use permit had already been issued approximately two months earlier. Despite a clear violation of the "60 day rule," the City amended the Applicants conditional use permit by adding additional conditions. II. Applicants had an absolute right to rebuild the Building in 2000 without needing an IUP. In 2000, Minnesota statutes section 4632.357 stated the following with respect to a legal, nonconforming use: "Subd. le. Nonconformities. Any nonconformity...may be continued, including through repair or maintenance, but if the nonconformity or occupancy is discontinued for a period of more than one year, or any nonconforming use is destroyed by fire or orther peril to the extent of greater than 50 percent of its market value, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy." In determining the extent of the destruction to a legal, nonconforming use, consideration of the entire legal, nonconforming use must be considered. (See Hertog v. Milwaukee Mut. Ins. Co., 415 N.W.2d 370 (Minn.App.1987) (Case dealt with a nonconforming floral business in which a building was destroyed by fire. Although a city ordinance regulated nonconforming uses destroyed to an extent over 75% of market value, Hortzog recognized<that a floral business, the nonconforming use, constituted more than one structure for the purpose of ascertaining the percent of destruction.) (See also Buss v. Johnson, 624 N.W.2d 781, 787 (Minn.App.2001) (Holding that "a consideration of the market value of an entire nonconforming use comports with the legislature's goal of gradually reducing nonconforming uses while protecting interests of property owners, and has the support in both Minnesota and foreign jurisdictions...Accordingly, we conclude that the legislature... intended the percentage of destruction to be determined after a 9