4.1. BASR 02-27-2001 - Laserfiche WebLink

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CLIFFORD C. LUNDBERG JAN 1 l mg, Attorney At Law Real Estate 400 Jackson Avenue Business Law Probate P. 0. Box 326 Taxes Wills & Trusts Elk River, Minnesota 55330 Accounting Phone: (612) 441-1251 Fax: (612) 441-1258 January 9, 2001 Elk River City Council Elk River City Planning Commission Elk River City Board of Adjustment Elk River City Hall 13065 Orono Parkway Elk River, MN 55330 RE: Permission to Replace Existing Garage at 624 4`'' Street, Elk River, MN Ladies/Gentlemen: I have recently been informed that my property is in a C 1 central business district zone. This particular piece of property is a single family residence as are most of the properties located on the block. This block contains three commercial sites facing Jackson Avenue. I have recently been informed that my residence or use of the property is a nonconforming use Y Y P P and that I will not be permitted to replace my existing garage with a safer, more useful structure. I presently have a single car garage and two storage sheds located on the property. It is my desire to replace those three units with a single three car detached garage. From my review of the zoning ordinances on file with the Elk River Public Library, it appears that off-street parking facilities are a permitted accessory use in a Cl central business district. I also note on page 9.139 of the zoning ordinance that alterations may be made to a residential building containing nonconforming residential units when they improve the livability of such units, provided they do not increase the number of dwelling units in the building. It would appear to me that this clause would apply to an attached garage structure. I see no reason why it should not also apply to a detached garage structure. Even though it is detached a garage is part of a residential building. I believe your ordinances require all residential buildings to have garage facilities associated with them. While I understand the desire of the city planners to designate the corridor along Jackson Avenue from Main Street to School Street as commercial, one has to recognize that that designation has been in place for a number of years and that the present market place does not desire to establish commercial uses along that corridor. You will note that Bud Houlton owns property on the West side of Jackson Avenue, between Jackson Avenue and Lion's Park, and that he has been trying to sell that property for commercial use ever since Lion's Park was built. He has not found any takers for that property to date. At present, the commercial Real Property Law Specialist Certified by the Minnesota State Bar Association