09-12-1994 Council Packet - Laserfiche WebLink

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May ? 6.1994 Ronald Moorsa City Administrator P.O. Box 66 Crystal Bay, MN 55323-0066 RE: Conditional Use Permit. File #1860 m \ Dear Mr. Moorse: This letter Is written on behalf of my mother. Mrs. Zelma McKinney, with regard to the conditional use permit for the subject property located at 3599 Livingston Avenue. Included In the resolution for the approval of the conditional use permit for my mother’s property was a requirement to pay sewer and water connection charges of $225.00 and $1933.00 respectively. The additional SAC charges referenced in the resolution ($800.00), which would have been payable to the Metropolitan Waste Control Commission (MWCC), have been waived by the MWCC, due to factors specific to this applicant and the property in question. We are requesting separate consideration of the Issues of water artd sewer connection charges which are payable to the City of Orono. A brief recap: Mrs. McKinney has been the property resident and owner of 3599 LMngston Avenue since May of 1962. At time of purchase, the property was demised as multi-family. A bunding permit (#626) Issued In 1957 specifically noted the property ’s use as multiple dwelling, which was consistent with zoning at that time. Code amendments passed In 1962, 1968 and 1975 Identified the zoning as single family, with provisions for conditional use permit application for the continuation of non-conforming use. Prom the tax records of the City, It has been determined that Mrs. McKinney was assessed and paid sewer connection charges totaling $1065.00 in 1964. In lS72her property was assessed $580.00 for water connection. In making the decision to waive the necessity of paying any additional SAC charges, the MWCC took Into consideration the unusual circumstances of Mrs. McKinney ’s case. It was Indicated to us that it is their standard practice to “grandparent* approval to users such as this, without assessing any additional connection fees. I understand that the decision of the MWCC Is Independent cf any assessment practice which the City may apply. I would appreciate having information which the City may have avaiilable regarding other specific Instances In which the City has assessed and collected fees for 'new users', when In fact the use has not changed, merely been recognized under a new title. There are generally precedent setting cases with similar circumstances which wruld provide a basis of comparison, a test of fairness for the standard of application. Mrs. McKinney ’s ability to pay these assessments is solely dependent upon the successful sale of her property. She has been forced to secure an equity loan to fund living expenses and to pay for the driveway Improvements which have also been requested by the City In conjunction with the conditional use permit approval. For more than 30 years, Mrs. McKinney fias been a caring property owner and payer of property taxes and other fees and assessments as deemed due by the City. I would ask that the special circumstances of her permit application be taken into conslderatlcn with both the amount and ruiture of the mere than $2000 proposed In assessments.