10-11-1993 Council Packet - Laserfiche WebLink

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Zoning File #1860 September 16, 1993 Page 4 of 5 Review Exhibit M. The letter from Karen Cuff asks that the property be sold as a single family home to preserve the interest of all single family homeowners within the neighborhood. The letter notes the City’s plan to rezone. The application does not involve a rezoning but the request of an owner to continue a non-conforming use that would have been granted an automatic conditional use permit at the time of the zoning amendments in 1968 or 1975. The problem is that average homeowners are never aware of major zoning changes that may affect their property. The McKinneys were never aware that they should have filled for a conditional use permit with the City. The City has received calls from other neighbors stating that they had no problem if it was to be recognized only as a duplex and to be sold as an owner occupied property. Issues for Consideration 1. It will not be necessary for members to go inside the structure as the inspectors have confirmed the floor plan of the second floor rental unit. There is an exterior stair access at the rear and an emergency access through the interior halt to the front door. Review the property, specifically the yard, can this residence func.ion as a legal duplex providing adequate parking off site? What other facilities should be provided for legal duplex? 2. Review the standards under the non-conforming use sections of the code that are pertinent for the duplex use. Are there other controls that should be written into this specific conditional use permit, i.e. owner occupied, no bedroom use of basement area? 3. Is it too date to grant a conditional use permit for this non-conforming use? Members should be aware that Mrs. McKinney did not know that she had any issue with the City until iicr agent was advised of the zoning issue. Applicant has provided documentation that use existed prior to August 27, 1962 and in addition that use continued without lapse through the period. The code does not speci/Mcally state there is a deadline for the filing of such conditional use permit. Can you k ’alilv deny this conditional use pennit? Member* may wish t<'. refer lo Section 10.t>'9, C'ondiiional Uses, specifically Subd. 6 (A) (l-3>, iiie necessary findings tor granting Conditional Use Pennits. 4. Upon your site inspection, does this residence ap[K*ar any different from any of the other Navarre Heights residences ... physical appearance ... its use? 5. Otlier issues raised by Planning Commission members.