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.A" <br />#929 Lyle Rahn <br />October 17, 1985 <br />Page 2 <br />Rahn has presented testimony from various parties stating the the <br />1974-1975 Minutes are incorrect or incomplete and the the intent <br />was to allow the bottom of the cabin to remain as a guest house. <br />Staff has obtained testimony from the former and present <br />neighbors indicating in general that the minutes generally <br />reflect the action that did occur and that the minutes in this case <br />reflect what the usual course of action would have been in 1975. <br />In essence we have a conflict between official records and the <br />recollections of a number of various people. <br />The guest house has existed as is since 1975. The neighbors have not <br />indicated any opposition to continued use of the structure as a guest <br />house. <br />A small portion of the structure is within the 0-75' setback zone, but <br />the majority is within the 75-250* zone. <br />The Planning Commission must make a two-fold "if-then" <br />recommendation, based first on whether structure can remain or whether <br />it must be removed, and secondly whether or not a Conditional Use Permit <br />should be issued for the guest house use. The following are presented <br />as three possible courses of action for recommendation: <br />1. Allow the Structure to remain, grant variances <br />Conditional Use Permit for guest house use. <br />and <br />Appropriate Findings: <br />a)The affidavits and letters submitted by the applicant are <br />sufficient to indicate that the intent of the Council in <br />1974 and 1975 was to allow the structure to remain as a <br />guest house. <br />b) No neighbors have voiced opposition to the guest house use <br />or to the structure as it currently exists. There is no <br />record of complaints about the past guest house use. <br />c) The structure is partially non-conforming in that it <br />extends approximately 3* into the 75' setback zone. <br />The intended use as a guest house will not be detrimental <br />to the neighborhood, nor will it pose a threat to health <br />safety or welfare or threaten the surrounding properties, <br />nor will it depreciate surrounding property values, and <br />the use as a guest house is in keeping with the intent and <br />objectives of the zoning code and Comprehensive Plan. <br />e)The variances necessary to be granted are sufficiently <br />minor r-o as to justify allowing the structure to remain as <br />a guest house. The following variances are required: <br />1) Lot area -2.0 acres required-fox;^guest house in 1 acre <br />zone; existing lot area * 0.65 acres; variance = 1.35 <br />acres (10.20 Subd. 3(G) )V- -" <br />\/ ■ <br />1