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Zoning File 41044 <br />July 17, 1986 <br />Page 2 of 3 <br />28. "Guest House" - An accessory separate dwelling constructed on <br />an existing undivided lot for the sole use of the occupants, <br />including their domestic employees or their non-paying guests, of <br />the primary dwelling. All regular lot requirements shall be met <br />by the quest house. <br />Subd. 3. Conditional Uses. Within any "R-IA" One Family <br />Residential District, no structure or land shallbe used for the <br />following uses except by conditional use permit: <br />G. Guest Houses. A separate dwelling constructed on an existing <br />undivided lot for the sole use of the occupants of the principal <br />buildings, including their domestic employees or their non-paying <br />guests. All regular lot rer-,irements shall be met by the guest <br />house. <br />Discussion <br />The applicants are requesting permission to allow a mother-in-law <br />apartment within their home, which is under construction on Luce Line Ridge <br />(the former Ski-Tonka property). In the past, the City has considered <br />these situations in terms of the guest house use, requiring double the lot <br />area and width to allow ",a second dwelling unit. <br />The guest house lot size standards, based on the definition of guest <br />house and the performance standards set up in 10.20 Subd. 3(G), were <br />clearly not intended to deal with a mother-in-law apartment within a <br />principal residence. With mother-in-law apartments, we are really granting <br />a "use variance' (one of the few use variances allowed by statute) on a <br />"temporary" basis per section 10.08 Subd. 3(A) (7). <br />Staff feels this use variance should be reviewed in terms of its <br />potential to become a totally separate dwelling unit based on the floor <br />plan. This has been the Council's concern on previous applications such as <br />Scherven on Casco Point Road, Beck on North Arm Drive, and Pula on Webber <br />Hills Road. The CUP process also allows the City to place a time limit on <br />the mother-in-law apartment use. <br />Specific Floor Plan Review <br />In this case, note that the main entryway to the house is open, hence <br />the occupant of the mother-in-law apartment would have to go through the <br />main house to enter the apartment. Note that the garage stairway leading <br />to the basement leads to a landing with a door going directly into the <br />apartment. To be consistent with Council's past action on the Scherven and <br />Pula applications, the doorway directly to the guest apartment at the <br />bottom of the stairs would be eliminated so that the apartment occupant <br />would have to travel through the utility room and basement to enter the <br />apartment. Allowing the outside walkout door to remain would be consistent <br />with the Scherven application. <br />Finally, in terms of the "temporary" use variance, the City could <br />limit this use to the current owners (requring a new CUP for any future <br />