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Zoning File #1059 August 13, 1986 Page 4 Questioi.s that must be resolved for 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 commercial district as required in Section 10.20, Subdivision 3 (I). b) Duplex section does not establish reed for area or width standard but Section 10.03, Subdivisior. 4 would require that property meet all zoning standards to permit a change or intensification in use - property is substandard in area and cla bui ldin -- c) Does the fact that the property was assessed � water units and 2 sewer units have any bearing on thi-, Sssue? Assessments were based on existing uses - residential 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 consistently advised applicant that converted commercial area to mother-in-law apartment was to remain non - rental. unit. City failed to ask for the necessary conditional use permit to allow the guest apartment - may have been deemed a le-s intense use of limited property 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 would support the position that would find the installation of the second residential unit in 1976 as a continuation of a non- conforming us,.:. Staff did not ask for a conditional use permit for the non -rental apartment nor for a conditional use permit to allow the continuation of a non -conforming use. Per Section 10.03, Subdivision 5 (A) the non- conforming use may not be changed to another non -conforming use. The new use would not have been 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 zoning review. Staff had originally advised applicant's son that a review of the files and code may have supported this position but we can not make the necessary findings.