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Zoning File /^1860 <br />September 16, 1993 <br />Page 3 of 5 <br />The Building Inspector was asked to inspect the facility. As City lacks a housing code, <br />there are limits as to what can be required by the City at this stage. Review Exhibit L. The <br />following was noted by the inspector and should be enforced whether this conditional use permit <br />is approved or not: <br />1. There were no permits issued for the central air conditioning unit, furnace, and <br />basement bath. Contractor should be asked to come back and obtain the <br />necessary City permits. <br />2. Inadequate clearance for second floor apartment's upstairs fireplace and should <br />be corrected prior to propeny being offered for sale. <br />3. Property is served by municipal water and the former w-ell should be abandoned. <br />Applicant should obtain tlic necessar>' permits from State Health Department and <br />provide City with a copy of certification that well ha« been abandoned. <br />4. Inspector notes that there is no legal egress from windows in basement for <br />bedroom use. <br />If duplex use is approved, staff would recommend that applicant pay for the necessar>’ <br />SAC charge to the Metro Waste Control Commission (MWCC) ($750.00) and applicant is <br />further advised that she can apply to the MWCC for a refund of 20% ot the fee. Based on the <br />1968, 1975 and current code, if a non-conforming use existed on any land or buildings prior <br />to 1968/1975 codes that use may condnue pursuant to obtaining a conditional use permit and <br />that the non-conforming use be governed eneral by the standards set forth under the non- <br />conforming use section of the ctxle (A-Jl. <br />Applicant has applied under Section 10.03. Suhd. 5 for a conditional use permit to allow <br />the duplex to be recognized as a legal non-conforming use. Per that Code, this use could never <br />be expanded (i.e. triplex or stmctural addition to expand area). General repairs of the structure <br />can never exceed 50% of the fair market value of said structure. This property has contained <br />a non confi rming use for over 31 years. Alterations may be made to a building containing <br />lawful non contorming residenti.d units provided they wDl not increase the number of dwelling <br />units or bulk of the building. Any addition to this structure that would expand the apartment <br />can not be allowed and the future owner or prospective buyer must l>e made awaie ot the special <br />control> now placed on the property if it is to be recognized as a legal non-conforming use. <br />l‘he applicant is specifically offering this property for owner occupied use only. This <br />should be included as a condition of approval. Review Exhibit H. The property has adequate <br />area with a grassed yard. Tliere is a two-stall garage providing at least two parking stalls for <br />both owner and renter. There is adequate area on site to serve additional otf-sireei parking. <br />This is a corner lot and it is important that off street parking be provided for residents of the <br />duplex.