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MINUTBS OP THE PIAimillG COMMISSIOII TIHG OCTOBER 3, 1988 <br />u -■)»ZOHIliG PILE «1336-OBERBAUSER COHTIEI <br />Planning Coninlssion member Johnson questioned why this <br />matter was not a non-conforming use. Zoning Administrator <br />Mabusth responded that in a residential zone^ residential use is <br />conforming. The houses conform to the proper user they do not <br />conform to the current standards. Subdivision 4 states that <br />anytime repairs are made to a substandard structure that does not <br />conform to required setbacks or area standardsr a variance is <br />required. <br />Chairman Kelley stated that the basic question involved with <br />this application is whether to allow one structure on the lot or <br />two. Planning Commission member Brown asked about the property <br />rights that may exist due to the age of the sti.wCtU4.es? Kelley <br />replied that the Planning Commission should only determine how <br />this property conformed in a planning senser and not take the <br />time to ponder the legal ramifications. Brown stated that from a <br />planning view point, the lot was not sufficient for all of the <br />structures. Planning Commission member Johnson concurred with <br />Brown and recommended that the applicant choose which of the two <br />buildings he would like to renovate and raze the other. <br />Mr. Oberhauser suggested having the City of Spring Park <br />annex the land where the houses are located. Ho said that Orono <br />would have the same problem with all of the properties from 2405 <br />Dunwoody all the way to the end of that stretch of houses. None <br />of the houses in that area conform tc Orono's standards. Mr. <br />Oberhauser had spoken to the City of Spring Park about annexing <br />that property if the City of Orono would be willing to give it <br />up. Mr. Oberhauser stated that he was in a catch 22 situation in <br />that he either has to repair the structures or be cited for <br />hazardous building and he cannot get a building permit to repair <br />them because the lot is substandard. He stated that the City <br />staff would need to initiate the annexation. Zoning <br />Administrator Mabusth did not believe that either the City of <br />Orono, or Mr. Oberhauser's neighbors would agree with the <br />annexation. <br />Chairman Kelley asked Mr. Oberhauser if he would like this <br />matter tabled until he had time to explore the acquistion by <br />Spring Park. Mr. Oberhauser stated that he could do nothing at <br />this point, so tabling would be desired. Planning Commission <br />member Cohen suggested the option of tearing down one building <br />and then jOtaining the building permit to repair the other. Mr. <br />Oberhauser stated that due to the historic nature of the houses, <br />he did not want to ^eaz either of them down. Planning Commission <br />member Brown asked about the option of phasing out the other <br />building. The question then arose as to how long the structure <br />could remain and whether any improvements made to the structure <br />would be done with that time frame in mind. Planning Commission <br />member Cohen expressed his opinion that only two options be <br />available. The phase out option would not be practical. Mr. <br />Oberhauser agreed. Planning Commission members Hanson and Moos