Laserfiche WebLink
V ^ <br />I <br />and not a formal resolution. The motion to approve cited the <br />kitchen improvements but did not condition the approval of the <br />conditional use permit upon the kitchen being completed. <br />The argument that the lack of kitchen invalidates the <br />conditional use permit is also not supported by the City Code's <br />definition of a guest house which reads as follows: <br />§10.20, Subd. 3G. <br />Guest Houses. A separate dwelling <br />constructed on an existing undivided lot for <br />the sole use of the occupants of the principal <br />buildings, including their domestic employees <br />or their non-paying guests. All regular lot <br />requirements shall be met by the guest house. <br />The guest house definition does not specifically require that a <br />kitchen be included and any inference would be subject to <br />considerable question and debate. <br />Without a resolution or similar written instrument <br />documenting the City Council's intention to condition the 1981 <br />conditional use permit on the kitchen being completed, the current <br />state of the guest house does not put the validity of the <br />conditional use permit in question. It should be noted, however, <br />that any future structural alteration of the guest house by the <br />owner will necessitate a building permit and review by staff as set <br />forth in §10.07, Subd. 6, of the City Code. <br />CONCLUSION <br />1. Based on the facts as currently known to the City <br />staff, the owner may continue to use the guest house without <br />obtaining a new conditional use permit. The 1981 conditional use <br />permit is sufficient authorization for conditional use unless <br />further proof is offered that the guest house was in fact not used <br />for a period of at least six months. <br />2. Any further structural remodeling of the kitchen will <br />require a building permit but will not necessitate a conditional use <br />permit. This conclusion is based on the grounds that the original <br />conditional use permit was not conditioned on the inclusion of a <br />completed kitchen and that the City Code's definition of guest house <br />does not specify that a guest house must have a kitchen. <br />If you have any questions regarding this issue, please feel <br />free to contact me. <br />KAB/jk <br />4443e <br />-2-