09-22-1986 Council Packet - Laserfiche WebLink

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Zoning File #1059 September 17, 1986 Page 7 The majority of the Planning Commission voted denial of the conditional use permit (for duplex use) (originally accepted by staff as a ossible continuation of a non -conforming use - deemed less in*:nse of a use than the previous mixed commercial/residential. uses). A review of the records on this property revealed no evidence to support a position that the duplex use was deemed less intense than the mixed commercial/residential. Tt,e majority opinion felt each permit by the City issued to the applicant clearly advised the second apartment was for non -rental use although a conditional use permit for the non -rental apartment was never required in 1976. Pleas r review Exhibit A, the minutes that contain the specific recommend, c.ion of the Planning Commission. Alternxti4va of Council Action: A) To deny the Bjork application fc:- a conditional use permit for duplex credit and to gra- a conditional use permit for a non -rental apartment unit subject to the following conditions: 1. The owner working with both the Hennepin County Highway Department and the Orono staff in establishing a permanent, safe curb cut to the site; 2. Removal of detached accessory st. ture in rear yard that is in a state of disrepair. Direct staff to draft a resolution with appropriau, Findings for actio: t your meeting of October 13th. B) To direct btaff to draft a resolution of approval for a conditional use permit for a duplex based on resolve of the following issues: 1. City Attorney to opine if granting a duplex credit for this proper,- constitutes a use variance or merely a var i anc,: to erformance stai.dard of Section 10.20, Sub ision 3 ti) - If this is considered a use var e - the application will be retur �d for further Councii action at your October 13th meeting. 2. Building Department to evaluate existing structure in regard to building code standards for legal duplex. a) need for indepent water meters; b) separate hook-ups t^ sewer for each units: c) second floor_ apartment must be brought upto building cc>de standards;