Laserfiche WebLink
RANDUM <br />TO:Jeanne Mabusth ^ '</* <br />V <br />FROM: TJBarrett <br />DATE; January 10, 1992 <br />/ <br />RE I Number 1701, Phyllis Sprague - Variance to Non-conforming <br />Uae Section <br />Jeanne: <br />As we have discussed, the above—referenced application <br />'’'arently had to do with the request to install an accessory <br />r«.,«idential use in a commercially-roned property that had ceased <br />to be used residentially in about 1983. <br />The Orono City Code and the statutes of Minnesota do not <br />eilow non~confociriiiq uses to be continued if they have been <br />abandoned for more than one year. As I understand the facts of <br />this case, the residential use has been abandoned in a way that <br />prevents It from being resumed. <br />It follows that an accessory residential use is equally <br />disallowed; however, it may be that the accessory use that th <br />applicant seeks to employ would be consistent with the <br />cc/ainereial zoninq of the property# and the applicant should be <br />encouraged to ozamine her proposed use of the property in a way <br />thet would allow commercial use. This would include, of course, <br />the obligation of the party to come forward with a corwnerciai <br />site plan proposal that would be consistent with the zoning and <br />that would be approved by the City. <br />With respect tc the rezoning, it is clear that the City’s <br />power to rezone in this case is constrained because rezoning a <br />single residential lot may be prohibited as spot zoning. A <br />comprehensive rezoning cf the area might allow the Council to <br />step back and take a look at the entire area and to define a <br />zoning plan that is consistent both with the comprehensive plan <br />end With the best interests of the property owners In the area. <br />However^ I would .Wise great caution about a single lot <br />rezoning that created a residential use in the middle cf a <br />commercial lone. <br />I will send this memorandum directly to the members of <br />the Council since we are getting to the point where the packet <br />must be mailed. l will fax a copy to you for your review. <br />Pl**ee call me If you have any questions or comments before the <br />Monday meeting. <br />TJB733 <br />? <br />m <br />f-