10-11-1993 Council Packet - Laserfiche WebLink

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To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse. City Administrator Jeanne A. Mabusth. Building &. Zoning Administrator September 16, 1993 /j'lSbO Zelma McKinney, 3599 Livingston Avenue - Conditional Use Permit - Public Hearing The applicant has owned the property since May of 1962 and at that time the existing triplex use would have been permitted. Since that time, three major zonirg ordinances have been approved whereby only single family residential use would be allowed of subject projjerty. The applicant now wishes to sell the property as a legal duplex and seeks approval of a conditional use permit that would recognize the non-conforming use as a legal u«>e. The following ordinances are pertinent to the review: 1. 3 4 5 Section 10.20, Subd. 3 (I) - Duplex credit. One duplex may be located on a single lot as a conditional use upon application therefore provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. Please refer to Exhibit C. Note propeny is not adjacent to a commercial district and could not legally apply for a duplex credit. Ordinance No. 45. Exhibit I. The very first ordinance calling for single family residential use within the c-strict. This was approved after the applicant purchased the property (5/62 purchase. Ordinance passed 8/62) and note ordinance did not require non conforming uses to apply for conditional use oermits to continue a non-conforming use. Section 31. l(X) of 1968 Code. Exhibit J. Once again, single family use was reaffinned but in'w a conditional use pennit was required for all non-conforming uses. Section 31 100 of the 1975 Code. Exhibit K. repeated the same as the 1968 Code. Section 10.03. Subd. 5 lA-J) of your curn-nt Ccxle. pages 251-253. Conditional Use Permit required to allow non conforming use to continue subject to all piertinent ordinances. Section 3.05. Subd. 11. Exhibit G - Separate Serxice Duplex units located in one building on one parcel of property and owned by one owner may be served by a shared or single serv'ice. The residence shall be sold as owner (Kcupied duplex unit.