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6To;Chairman Kelley and Planning Commission Members <br />Mayor Peterson and City Council <br />Ron Moorse, City Administrator <br />Pron: <br />Date: <br />Subject: <br />Jeanne A, Mabusth, Building & Zoning Administrat^rf^ <br />September 3, 1992 <br />#1757 Albert D. Hanser, 1685 Fox Street, ^ <br />Conditional Use Permit - Resolution ^ <br />Pertinent Ordinances <br />Section 10.28, Subd. 3 (A) - Conditional use permit required for <br />continued guest house use of second residential structure on proposed <br />Lot 1, proposed the A. Manser's subdivision. A condition of <br />preliminary subdivision approval required that applicant file a <br />conditional use permit for the continued use of a guest house <br />structure on the property. The City's files revealed that no former <br />conditional use permit had ever been issued for the use of the <br />structure as a guest house. All regular lot requirements must be met <br />by guest house. <br />a.Area. <br />Required <br />Proposed <br />4 acres <br />4.02 acres <br />b. <br />c • <br />Setback from existing side lot line. <br />Required • 30' <br />Existing ■ 10' <br />Variance ■ 20' <br />Structural setback from recreational development lake. <br />Required ■ 100' <br />Existing ■ 75'^ <br />Variance ■ 30 <br />Sections of the code dealing with the septic issue: <br />Section 10.56, Subd. 17 (C). Nonconforming Sewage Treatment <br />Systems. A nonconforming sewage treament system as defined in Section <br />12.30 and located within the Shoreland Overlay District must be <br />upgraded and made conforming, at a minimum, at any time a permit or <br />variance of any type is required for any improvement on, or use of, <br />the property. Further, the nonconforming sewage treatment system <br />provisions of Section 12.30 shall apply to all shoreland areas. <br />It is consistent for the City to review the current septic <br />capacity of a property whenever the property is involved in a lard use <br />application review. This section calls for the enforcement of the <br />septic code when properties are located within the shorelands of the <br />City.