11-08-1993 Council Minutes2 - Laserfiche WebLink

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Octobers, 1993 Jeanne Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Zoning File #1860 - Conditional Use Permit Dear Ms. Mabusth: This letter Is written on behalf of my mother, Mrs. Zelma McKinney, the property owner and resident of 3599 Livingston Avenue. Wayzata, MN, with regard to the application for a conditional use permit. Mrs. McKinney has owned and resided In this property since purchase In May of 1962. As you are aware, my mother, Mrs. McKinney, Is contemplating the sale of this property, which Is s(^ asset and primary means of subsistencs. In conjunction with the contemplated sale, we have consulted legal counsel regarding the encumbrances to the property which have been proposed for consideration with respect to the conditional use permit for continued use of this residence as a duplex. Some oMne restrictions to use which have been proposed by the Orono Planning Commission appear to be unouiy prohibitive and as s«ich will have a negative Imoact on the value of this properly to potential buyers. I would roquost consideration of the following concerns: o As a property owner, my mother. Mrs. McKinney, currently has the right to vacate her portion of the house. If she so elected, and offer same for occupancy by others. This right cannot be denied her without due process of law. She has enjoyed this right for more than 30 years without interruption. If i« Plan a rinhf which. If denied Id future owners, will limit the market for this residence. Any limitations to use which may be placed on the lower level of the house should Include the specific physical alterations which would discharge the restriction, I.e. installation of a c^e compliant means of egress will permit use of this room as a bedroom by homeowner. (The bedrooms on the upper levels of the house are very- small by today's standards). The suggasted removal of the kitchen facilities on the lower level would pose a financial burden on the property owner and serve to further diminish the value of this property. The property om\er would offer Instead to remove the stove and appropriately terminate the gas service to It. Thewould offer Instead to remove me stove ana appropnaiwy wmiraio mo remaining sink, refrigerator and cupboards are typical of facilities commonly found in famyy rooms of many single family residences throughout the comrr.unity. o All other considerations proposed by the Planning Commission are In process and will be comoleted orlor to sale of the property. With respect to the concerns expressed regarding Clearance on the upper level fireplace, the original Installation of this unit was Inspected ano anofoved bv tho building cede official at the time of construction. We have requested information from the manut.acturer of the fireplace and will provide same to the City of Orono ao soon as it is from her many years of careful ownership. Thank you for your assistance in this matter. SIrKerely. I L ^ ^ m • •