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6 <br />To:Orono Planning Commission Members <br />Mavor Callahan and Orono Councilmembers <br />Ron Moorse, Citv Administrator <br />// <br />From: <br />Date: <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />September 16, 1993 <br />Subject:#1860 Zelma McKinney. 3599 Livingston Avenue <br />Conditional Use Permit - Public Hearing <br />The applicant has owned the property since May of 1962 and at that time the existing <br />triplex use would have been permitted. Since that time, three major zoning ordinances have <br />been approved whereby only single family residential use would be allowed of subject property. <br />The applicant now wishes to sell the property as a legal duplex and seeks approval ot a <br />conditional use permit that would recognize the non-conforming use as a legal use. The <br />following ordinances are pertinent to the review: <br />1.Section 10.20, Subd. 3 (1) - Duplex credit. One duplex may be located on a single lot <br />as a conditional use upon application therefore provided that public sanitary sewer service <br />is available, and the lot is adjacent to a commercial or industrial district, and the duplex <br />is constructed within 200 feet of the commercial or industrial district. A duplex is <br />defined as a two-family unit residential building. Please refer to Exhibit C. Note <br />property is not adjacent to a commercial v trict and could not legally apply for a duplex <br />credit. <br />Ordinance No. 45, Exhibit I. The very first ordinance calling for single family <br />residential use within the district. This was approved after the applicant purchased the <br />property (5/62 purchase. Ordinance passed 8/62) and note ordinance did not require non- <br />conforming uses to apply for conditional use permits to continue a non-conforming use. <br />3.Section 31.100 of 1968 Code. Exhibit J. Once again, single family use was reaffirmed <br />but now a conditional use permit was required for all non-conforming uses. <br />4. Section 31.100 of the 1975 Code, Exhibit K, repeated the same as the 1968 Code. <br />5.Section 10.03, Subd. 5 (A-J) of your current Code, pages 251-253. Conditional Use <br />Permit required to allow non-conforming use to continue subject to all pertinent <br />ordinances. <br />6. Section 3.05. Subd. 11. E.xhibit G - Separate Service <br />Duplex units located in one building on one parcel of propeny and owned ny one owner <br />niav be served by a shared or single service. The residence shall be sold as owner <br />iKCupied duplex unit