Title
Public hearing to consider the appeal of McClay-Alton, PLLP of a decision by the Board of Zoning Appeals (BZA) upholding a decision by the Zoning Administrator that the proposed use of the property at 1338 Bayard Avenue for Getten Credit Co., a state licensed regulated lender, is an alternative financial establishment not permitted to operate in the R4 one family residential zoning district and, further, that Getten Credit Co. is not an "office use" as allowed under the 2007 nonconforming use permit.
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Getten Credit Co. was issued an enforcement notice by the Department of Safety and Inspections (DSI) in response to a complaint regarding the use of the property at 1338 Bayard Avenue as an Alternative Financial Establishment, a use not permitted in the R4 residential zoning district. The appellant, McClay - Alton PLLP, filed an administrative appeal of the enforcement action to the Board of Zoning and Appeals (BZA). A public hearing was held on May 28, 2014. Staff recommended that the BZA find that the Zoning Administrator did not err in determining that Getten Credit Co. is an Alternative Financial Establishment not permitted to operate in the R4 zoning district and, further, that Getten Credit Co. is not an "office use" as allowed under the 2007 nonconforming use permit. After hearing testimony, the BZA moved to uphold the decision of the Zoning Administrator and denied the appeal. The applicant is appealing the denial.
Required Background Information
The appellant, McClay- Alton, submitted an application for appeal and supporting documentation attached to this file.
Does this issue fall within the 60 day rule? Yes
If yes, when does the 60 days expire? June 24, 2014
Has an extension been granted? Yes
If so, to what date? August 25, 2014
The application for appeal was submitted on April, 25, 2014. A deadline for action letter (per MN Statute 15.99) has been sent to the applicant (dated June 9, 2014) indicating that the ...
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