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Home My WebLink About03-97 McKinley Bus Parking Appeal September 2, 2003 Huemoeller, Bates & Gontarek Attn: Allison Gontarek 16670 Franklin Trail SE P.O. Box 67 Prior Lake, MN 55372 RE: Mike McKinley Property Dear Allison: The filing fee for an Appeal is $75.00. I will open a file but not date it complete until we receive the fee. If you have any questions, please let me know. Thanks. Sincerely, ~ Connie Carlson Planning Dept. Secretary 16200 ~~ c~lR.3~.e~~I!>.~-fb1Mcfw\~R2~Bfai~372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HUEMOELLER, BATES & GONTAREK rLC ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 (952) 447-2131 Fax: (952) 447-5628 E-mail: HBG((l)nriorlake1aw.com OCT - 2 2003 JAMES D. BATES ALLISON J. GONTAREK e-mail ofsender:AJG@nriorlakelaw.com BRYCE D. HUEMOELLER October 2, 2003 Connie Carlson Planning Department City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake MN 55372-1714 Re: J. Michael McKinley Property Dear Connie: Mike McKinley has decided not to continue any additional inquiry or appeal of Don Rye's possible interpretation of "parking business" in his August 18,2003, letter. It has taken quite awhile for me to elicit Mike's response and I apologize for the delay in getting back to you. a truly YO~.' 11LJ ' I Jl ~,~J. \...- ,vV,~ 1--.. ,",,' '" Allison J. Gontarek cc: Mike McKinley AII(i, 22, 2003 4: 29PM NO,0149 p, 2 HUEMOELLER, BATES & GONTAREK PLC ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 (952) 447-2131 Fax: (952) 447-5628 E-mail: priorlakelaw((l)jntecraonline.com JAMES D. BATES ALLISON J. GONTAREK BRYCE D. HUEMOELLER August 22, 2003 Mr. Don Rye Community Development Director City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake MN 55372-1714 By Facsimile (952-447-4245) Dear Mr. Rye: I am unsure why you responded to an unsigned draft letter given to Mr. McKinley for reference. To the extent your August 18, 2003, letter constitutes a decision by the Zoning Administrator on a definition of a "parking business" under the C-4 permitted uses, please consider this an appeal of that decision. This letter is intended to preserve Mr. McKinley's rights until there is further discussion on the above topic. v9JZ~ur~ ~ Allis'on J. Gontarek cc: J. Michael McKinley August 18, 2003 Huemoeller, Bates and Gontarek PLC 16670 Franklin Trail P.O. Box 67 Prior Lake, MN. 55372 Attn: Allison Gontarek Dear Ms. Gontarek: This is in response to your letter concerning Mr. McKinley's property on Tower Street. You refer to data that were collected concerning the non-conformity on his property but failed to include this data with your letter so it is rather difficult for me to agree with your assertion that the non-conformity allows school buses to be parked on the property. You reference "continued consistent use" of the property and state that based on this, Mr. McKinley will allow buses to be parked on his property. I see nothing in your letter that would lead to such a conclusion. You state that the use increases and decreases from day to day. According to Section 1107.2302(5) of the City Code, "Any non-conformity which is reduced in size, intensi~ or otherwise becomes more conforming may not again expand or become less ~onforming. Removal of a structure, relocation, reduction or elimination of any sit~ element, such as outdoor storage, is a reduction in intensity." From your letter, it appears that this provision may have been violated routinely. To state that the amount of open storage may now be increased is a clear violation of the code and to state otherwise is not only illogical but wrong. You also claim that, as a matter of right, Mr. McKinley would be operating a parking business and therefore could allow the bus parking. This is rather confusing as you have previously asserted that the use could be established based on claimed non-conforming rights. Either the use is non-conforming or it is permitted (or, as I have determined, not permitted). Zoning ordinances do not operate under the premise that, if one provision does not provide the desired result, try another one. Regarding the parking business, I have some particular insight into this provision as I wrote it. Regardless of what Webster may have to say, the intent was to allow the parking of automobiles on a short term, temporary basis in commercial areas for use by customers and employees. It was not intended to allow the open storage of buses or other large commercial vehicles. . 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~""_~" .,. c___. ,.'.... ,. ,... " .c,. .. ".. "___.'" _ "... .._. '_.._". .... .~."~,._./_." ", _ "'N. . _ ,..... _, " . _ ..." ......." "',,",,,... ." Mr. McKinley has been advised that there is an approach in the ordinance that will allow the bus storage as a temporary use. We would encourage him to take that route rather than unilaterally allowing buses to be parked on the site based on an unfounded assumption. HUEMOELLER, BATES & GONTAREK PLC ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 (952) 447-2131 Fax: (952) 447-5628 E-mail: oriorlake1aw@intelITaonline.com l~ suJ- t_ JAMES D. BATES ALLISON 1. GONTAREK BRYCE D. HUEMOELLER r August 12,2003 \ . , ' , . i I i ,- , l. / , ( _'5am I. .J L~,,-. l... ".__.~.~'.'_.'_ City of Prior Lake Attn. Don Rye, Director of Planning Prior Lake MN 55372 Re: J. Michael McKinley property, Mushtown Road Dear Mr. Rye: Thank you for meeting with Mr. McKinley and myself on July 23,2003. Mr. McKinley has now pulled together data on the use of his property and it shows that the non-conforming use is on-going and increases and decreases from day to day. Therefore, based on his continued consistent use, Mr. McKinley is allowing school buses to be parked on his property. He is further claiming a right to use his property as a parking business, as permitted for a C-4 zoning designation. As you are aware, Mr. McKinley bought the property in 1999 from Lawrence Schweich and has grandfathered status as to the non-conforming 1-1 use, although the property is now zoned C-4. Mr. McKinley runs a successful septic and sewer operation from the location, stores vehicles and equipment on the property and rents out space for others to store vehicles. Proner C-4 Use Under Ordinance .1120.120 a parking business is allowed in a C-4 area. Although there is no further definition within the ordinance, the common understanding of a parking business is to allow others to leave (a vehicle) in a certain place temporarily, for profit. (see Webster's New World Dictionary). Mr. McKinley is doing what the ordinance allows. Preventing a landowner from using his property in a lawful manner constitutes a regulatory taking and entitles Mr. McKinley to compensation. Continuous Non-Conforminll Use At the time Mr. McKinley bought the property, the previous owner, Lawrence Schweich used it for equipment storage for many years. James Hennen continued that use while leasing the property and Mr. McKinley continued that use after he purchased the property. A number of local businesses leased parking area from Mr. Schweich, Mr. Hennen and, now, Mr. McKinley. In addition, there are truckers who use Mr. McKinley's property for overnight storage of their tractors and trailers. The non- conformity is ongoing and fluctuates. The notion that adding a neat and orderly bus storage operation expands the flux that currently exists is illogical. Mr. McKinley understands the City's desire to improve the general area's curb appeal and contends that providing a fenced, well-lit and secure area to store school buses would significantly enhance his property's appearance. Very truly yours, Allison J. Gontarek cc: J. Michael McKinley