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Zoning File #1860 <br />September 16, 1993 <br />Page 4 of 5 <br />Review Exhibit M. Tlie letter from Karen Cuff asks that the property be sold as a single <br />family home to preserve the interest of all single family homeowners within the neighborhood. <br />The lett-T notes the City ’s plan to rezone. The application does not involve a rezoning but the <br />request of an owner to continue a non-conforming use that would have been granted an <br />automatic conditional use permit at the time of the zoning amendments in 1968 or 1975. The <br />problem is that average homeowners are never aware of major zoning changes that may affect <br />their property. The McKinneys were never aware that they should have filled for a conditional <br />use permit with the City. The City has received calls from other neighbors stating that they had <br />no problem if it was to be recognized only as a duplex and to be sold as an owner occupied <br />property. <br />Issues for Consideration <br />1. <br />3. <br />4. <br />It will not be necessary for members to go inside the strucnire as the inspector:, have <br />confirmed the floor plan of the second floor rental unit. There is an exterior stair access <br />at the rear and an emergency access through the interior hall to the front door. Review <br />the property, specifically the yard, can this residence function as a legal duplex providing <br />adequate parking off site? What other facilities should be provided for '.cgal duplex? <br />Review the standards under the non-conforming use sections of the code that are <br />pertinent for the duplex use. Are there other controls that should be written into this <br />specific conditional use permit, i.e. owner occupied, no bedroom use of basement area? <br />Is it too late to grant a conditional use permit for this non-confoiming use? Members <br />should be aware that Mrs. McKinney did not kn^w that she had any issue with the City <br />until her agent was advised of the zoning issue. <br />Applicant has provided documentation that use existed prior to August 27, 1962 and in <br />addition that use continued without lapse through the period. The code does not <br />specifically state there is a Jeadline for the filing of such conditional use permit. Can <br />you legally deny this conditional use permit? Members may wish to refer to Section <br />10.09, Conditional Uses, specifically Subd. 6 (A) (1-3), the necessary findings for <br />granting Conditional Use Permits. <br />Upon your site inspection, docs this residence appear any different from any of the other <br />Navarre Heights residences ... physical appearance ... its use? <br />5. Other issues raised by Planning Commission members.