11-22-1993 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 • ( #4) #1860 ZELMA WKINNEY, 3599 LIVINGSTON AVENUE - CONT. City Attorney Staunton responded that in this conditional use permit, the duplex use would remain regardless of ownership. He noted that the use must remain the same as that prior to the change in Zoning Code. If the Council determines the use has been continuous, the conditional use permit is a mechanism for registering with the City the duplex use of this property. Hurr asked if there was any time frame for a property to be brought into compliance with City codes. City Attorney Staunton confirmed there was nothing in the code. The only way the conditional use permit would lapse is if there was a significant change such as the building being destroyed, the use abandoned or significant change in the non - conforming nature of the use. Mabusth added that now the application for a building permit for multiple units in a single family zoning district would trigger the application for a conditional use permit. Hurr asked if this were being assessed as two units. Mabusth noted the applicant was receiving a percentage of the homestead credit because of the rental unit. Siegler thought Hennepin County was listing the property as a multiple use but Orono lists as single family. Jabbour noted the idea of willful abandonment should be considered. Mike Swanson, 3596 Lyric Avenue, stated that if the driveway were constructed off of Blaine • in back of his property, it would impact his property and cause a problem when he puts up a garage. He has concern over the sale of the property if Mrs. McKinney no longer lives there. An absentee owner could be much different. Elizabeth Goodfellow, 3585 Livingston Avenue, stated there were several issues that were unclarified. 1. Can the City lawfully issue a conditional use permit? 2. Parking - The City's ordinances require additional parking in order for this property to be used as a duplex. She felt there was not a reasonable answer to the parking problem, therefore the conditional use permit should not be granted. None of the neighbors want the parking expanded. She asked how the Council could justify granting a conditional use permit when the parking needs were not satisfied. Harvey Reder, 3598 Livingston Avenue, asked if the Council would consider three parking spaces instead of four as he had suggested at a previous meeting. 4 •