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TO:Mayor Callahan and Orono Councilmcmbers <br />Ron Moorse, Citv Administrator <br />/ <br />% <br />FROM: <br />DATE: <br />SUBJECT: <br />Jeanne A. Mabusth, Building *& Zoning Administrator <br />November 4, 1993 V <br />#1860 Zelma McKinney, 3599 Livingston Avenue - Continuation ot <br />the Review of the Conditional Use Permit Application <br />Exhibits <br />A - <br />B - <br />C - <br />D - <br />E - <br />F - <br />G - <br />Attorney's Opinion <br />Engineer ’s Report, 11/4/93 <br />Engineer ’s Amended Site Plan - 4 Off Street Parking Stalls <br />Notice Sent to all Property Owners <br />Ziegler Letter 10/8/93 <br />Neighbor ’s Letters <br />Staff Memos of 9/16/93 & 10/7/93 <br />Status of Application <br />Review of the application was tabled pending receipt of the City Attorney ’s opinion. The <br />City Attorney was asked to consider two issues. The first being whether the City could legally <br />deny a conditional use permit to allow the continued use of the residence as a duple.x. The <br />second questioned whether the City could require that the duplex be owner occupied. Please <br />review Exhibit A. the attorney ’s memo of November 3, 1993. It is the attorney ’s opinion that <br />the City must issue a conditional use permit to Mrs. McKinney to allow the continued use ot the <br />nonconforming use of die residence and that the City cannot require the duplex to be owner <br />occupied as a condition of issuing the conditional u.se permit. <br />Review Exhibits B and C, the City Engineer has provided an updated repon and site plan <br />showing two off street parking stalls meeting the required setbacks resulting in a total of four <br />off street parking stalls (two within garage). <br />Tlie conditional use penult for a nonconforming use shall be subject to all pertinent <br />controls set forth in Section 10.05, Subdivision 5 (A-J). As long as residence remains a duplex, <br />a building permit could never be issued for an addition to the struemre nor could there be an <br />increase in the number of bedrooms from the current four bedroom. As already noted in earlier <br />memos, two off street parking stalls must be provided for each of the residence units (review <br />Exhibits B and C).