The Norshor Building, which was once Matt Johnson’s grocery store, became the focus of attention after potential buyers asked for rezoning to clarify how the building can be used. The request raised questions about the future use of the building and may result in changes to the city’s ordinance regarding zoning nonconformities. The Grand Marais Planning Commission will consider the ordinance at its next meeting, Wednesday, October 5 at 4 p.m.
A seemingly simple request for an amendment to the zoning map of the City of Grand Marais led to lengthy discussion at meetings of the Grand Marais Planning Commission and City Council and finally to a possible ordinance change.
The request for rezoning came from Steve Surbaugh and Mike Larson of Cascade Vacation Rentals who are interested in purchasing the Norshor Building at the intersection of First Avenue and First Street in Grand Marais from Bob Spry. The building, the long ago Johnson’s Grocery Store, has commercial space on the lower level and an apartment upstairs.
According to planning commission documents, Surbaugh and Larson plan to expand their business to Grand Marais. They explained that they intend to continue the existing leases on the main floor, but sought a change from residential to commercial residential mixed use. At the September 8 planning commission meeting, they explained that the buyers would like the flexibility to add an office for their business upstairs or add employee housing.
Although commercial use of the building is nonconforming with the city’s zoning map, members of the planning commission—David Beckwith, Michael Garry, Tim Kennedy and Todd Miller—expressed support for the continued mixed use of the property. However commission members said they were concerned about additional uses—such as vacation rentals—that may occur if the property were rezoned to commercial residential mixed use. At their September 8 meeting, the commission recommended that the city deny the request for re-zoning.
The matter was addressed again at the September 9 City Council meeting with Hal Greenwood, former chair of the planning commission and a member of the Cook County Revolving Loan Fund board, speaking in favor of granting a rezoning for the Norshor Building and the nearby Betsy Bowen Studio as well.
Greenwood said he supported the request because he supports small businesses. He added, “Those buildings should have been grandfathered in because of the use for over 50 years.”
Greenwood acknowledged that the city council doesn’t like to overturn recommendations of the planning commission, but he said, “Sometimes commonsense overtakes rules.”
Chamber Director Jim Boyd also spoke, pointing out that both properties have been paying commercial taxes for years. He said the Norshor Building abuts a mixed use district of the city. “I don’t think it disrupts anything,” he said asking the council to either consider annexing both buildings into the commercial residential mixed use district or grandfathering them in so the mixed use can continue.
Grand Marais resident Tod Sylvester noted that it would be unfair to grant this request when other similar requests, such as that of Rusty and Linda Peterson who sought to operate a vacation rental property, were denied.
Betsy Bowen spoke in favor of Surbaugh and Larson’s request, noting that she was not asking for any change regarding her building. She said, “I think everyone agrees what’s going on there now is a good use.”
The council asked the city attorney, Chris Hood, who was listening in by phone for his thoughts. Hood said it is apparent that the city has allowed the non-conforming use—commercial space on the lower level—for long enough that it was accepted. However, because the upper floor had been used as residential space for more than a year, it had returned to a conforming use—residential. Hood said when a property once again conforms with zoning, it must stay in compliance.
Mayor Jay Arrowsmith DeCoux asked if it would be considered a conforming use if Cascade Vacation Rentals used the upper floor as employee housing. Councilor Tracy Benson asked if it was a problem if the company used space upstairs as an office. Concern was expressed about spot zoning and that making a zoning change would set a precedent in the residential zone.
Mike Larson said he disagreed with the concern about precedent. “What’s the precedent?” he asked. “The building has been there [as a commercial property] for 80 years. If it walks like a duck and quacks like a duck…”
He said Cascade Vacation Rentals plans to tuck point, clear coat and make other investments in the building. But they don’t want to do so, he said, if there isn’t flexibility in how the building can be used. “We just want clarity,” said Larson.
City Administrator Mike Roth suggested referring the questions back to planning and zoning for a possible ordinance change to address nonconforming uses. He noted that the delay would not make Surbaugh and Larson happy, but said an ordinance change could possibly bring clarity.
Noting the 80-year use of the building as a commercial property, Councilor Anton Moody asked why the building was zoned residential in 1971. “Maybe there was a mistake back then?” he asked.
A motion was finally passed to deny the request for rezoning, with Councilor David Mills expressing regret for the delay, stating that one of the community’s greatest needs is housing and employee housing. He said, “I really want our zoning to be more nimble.”
Zoning questions delay county loan
A Revolving Loan Fund request from 47N90W Enterprises was on the Cook County commissioners’ agenda on September 27. Mike Larson was there to explain that the request for a loan of $25,000 was from him to go toward purchase of the Norshor Building.
The request had been approved by the Revolving Loan Fund Committee on August 1 and needed endorsement by the county commissioners. However, Larson shared the zoning concerns with commissioners and asked that the motion to appropriate the money from the Revolving Loan Fund be postponed until zoning issues were worked out.
Grand Marais Planning and Zoning will consider changes to the city’s ordinance regarding non-conforming use within the city at the planning commission meeting on October 5 at 4 p.m. at Grand Marais City Hall.
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