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at has not <br />1 be <br />subdivision <br />a regular <br />^ f *. ;\ <br />■ <br />TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />Planning Conunission Members <br />Jeanne A. Mabusth, Zoning Administrator <br />April 14, 1983 <br />#738 - Kip Nelson - 4580 Watertown Road <br />I ** * ‘ <br />i-'v: <br />- Conditional Use Permi <br />Zoning District - RR-IA <br />Application - Conditional Use Permit required to continue non-conforming use ii <br />Applicable Sections: <br />31.105 <br />31.108 <br />31.109 <br />31.110 <br />Under the directive of the Hennepin County Municipal Court, Mr, Nelson <br />has applied for a conditional use permit to allow the rental of a second <br />residence on his five-acre site. The older of the two homes was constructed <br />sometime in the late 1920's and the other in 1947. The previous owners <br />had rented the second residential unit. Nelson has owned the property <br />since 1978 and has never rented the second residence, in fact. Nelson <br />lives in the older home not wishing to heat the larger, newer home. <br />The applicant ran into problems when he shingled the outside of the older <br />home. The inspector found a rear addition had been made to the non- <br />conforming structure that was never authorized via a building permit. Nelson <br />stated that this was done prior to his purchase in 1978 and was attempting <br />to repair the exterior of the structure because it was not done properly <br />at the time the addition was constructed. The inspector issued a stop <br />work order on the structure until Nelson could verify he had a legal <br />non-conforming use/structure, The matter ended up in court and now in <br />your hands to be resolved. <br />Obviously, the rental of the second residence per Ord. 31,105 can no <br />longer be considered a legal non-conforming use. It has been confirmed <br />the structure has not been rented since 1978. Nelson does not have <br />enough area in a five-acre minimum lot zone to plat a second lot for <br />the additional unit. <br />•t-r <br />Review Nelson's attachment to the application —"the property could then <br />be utilized for the purpose of such things as home hobby shop, guesthouse <br />(he will still need a conditional use permit), home office or caretaker <br />home (again, a conditional use permit»v. The structure exists; it is <br />habitable and usable. If we recommena approval of a conditional use permit <br />for a guest house (non-rental unit), this would allow Nelson to obtain <br />the necessary building permit to complete the exterior repairs and additional <br />cleanup repairs in the subject structure. Such approval would involve <br />granting a variance to the performance standard of 34.027 "all regular lot <br />requirements shall be met by the guest house." <br />■r;- - <br />^4 <br />m <br />#738 - Kip <br />April 14, : <br />Page 2 <br />Conditions <br />1. Limiti <br />to exi <br />2. Non-re <br />The use oi <br />in a resic <br />standards <br />Staff Rec< <br />To reconutw <br />for a gue; <br />Road and <br />on the fo <br />1.State <br />if a <br />2.A sec <br />3.The c <br />endar <br />4.Both <br />5.Both <br />systc <br />Such app] <br />1.Non-: <br />2.No a <br />3.Home