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Zoning File #1059 August 13, 1986 Page 4 Questions that must be resolved fo- applicant prior to presenting property for public sale. 1. Does the property qualify for duplex credit? a) Adjacent to commercially used property (legal non- conforming use - upholstery shop) property is not adjacent to a commercia.L distric as required in Section 10.20, Subdivision 3 (I). b) Duplex section does not establish need for area cr width standard but Section 10.03, Subdivision 4 would require that property mec' all zoning standards to permit a change or intensification in use - pr nerty is substandard in area and Lt-ii bui1din to--ie. - _ ICCO c) Does the fact that the property was assessed later units and 2 sewer units have any bearing on thiF ,ue? Assessments were based on existing uses - residentiG_ units because property was located in residential zone. d) Had the City made any commitments to applicant since acquisition of property that would suggest duplex use was a legal use for property? City has ,onsistently advised applicant that converted commercial area to mother-in-law apartment was to remain non - rental unit. City failed to ask for the :cessary conditional use permit to allow the guest apartment: - ay have been deemed a less intense us of limited i uFerty than a commercial use - similar commercial. use would have been allowed if one year had not lapsed since dry cleaning plant use ceased operation. e) Can you make the necessary findings that woula support the position that wculd find the installation of : second residential unit in 1976 as a continuatiox. a non- conforming use. Staff did not ask for a condi )nal use f irmit for the non--.Lental apartment nor for a conditional use permit to allow the continuation of a non -conforming use. Per Section 10.03, Subdivision 5 (A) a non- conforming use may not be changed to another non- forming u6.1, The new use would not. have )een approved. Prior to the 1967 Zoning Code there were no standards for non- conforming uses - the change in use from grocery store to dry cleaning plant required no �.oning review. Staff had originall• advised applicant's son that a review of the files and ^ode may ha-,P supported this position but we can not make the necessary findi Is.