11-08-1993 Council Minutes2 - Laserfiche WebLink

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' the meeting and were not included any of the concerns expressed by or storage of equipment, etc. in ■ use. Issues like the parking of RV rol with the conditional use permit, conditions or limitations for the ine Commission’s recommendation POPHAM H.MK MEMORANT)f^\fTO: RE: DATE; Orono City Council 3300 Piper Jsffray Tower 222 Soj(.*i Ninth Street Mini'.e9r‘''Iis- Mli'itesou 55*102 (612) 333-4800FROM; Kevin Staunton. Esq.j^ir^ Conditional Use Permit Application of Zelma McKinney (#1860) November 3. 1993 apropriate resolution can be drafted jeting. At your October 11, 1993 meeting, you asked me to address two issues regarding the ubuvc-rcfcrenced matter. The first issue is whether Ms. McKinney is entitled to a conditional u.se permit. The second issue is whether, if the City grams Ms. McKinney a conditional u.se permit, it can require that the non-confonning duplex on her property be owner occupied. After reviewing state statutes and the City’s ordinances on this is.suc, we have concluded that Ms. McKinney is entitled to a conditional use permit and that the City cannot require the duplex to be owner-occupied as a condition of issuing the permit. I. ACTION ON THE APPLICATION Ms. McKinney has requested u conditional use permit pursuant to Orono Code §10.03, .subd. 5. That provi.^iun of the Code allows Council to issue a conditional use permit for "any land or buildings which were actually and legally devoted to a non-conformlng use on Januaty 1. 1975 ..." if the conditions contained in subdivision 5 are met. Ms. McKinney’s use of her property meets the conditions outlined in subdivision .5. Therefore, the Council may grant her a conditional use permit which would allow the continued use of the building on her property as a duplex pursuant to the conditions outlined in the Ordinance. The City is not required by the ordinance to issue this conditional use permit. However, failure to issue the conditional use permit would likely be considered a "taking" of Ms. McKinney's properly because it would prohibit a use of the propeny that was legal and conforming prior to amendments to the xoning code. Although the City i.s entitl<'d to ’Take" Ms. McKinney’s projieriy if it takes it for a public use. the City would be required to compensate Ms. McKinney for dial taking. Consequently, unless the City wishes to exercise its power of eminent domain over Ms. McKinney’s propeny, it must issue her a conditional use permit. 2i9-::o:c.*fo u/j/oj