01-12-1987 Council Packet - Laserfiche WebLink

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CF � -; ANEERNG TO: Mayor Butler C. Mark Bernhardson, City Administrator ��{�� 12 ,987 Orono Council Members Planning Commission Members C61 0F ORONO FROM: Jeanne A. Mabusth, Zoning Administrator DATE: January 7, 1987 SOBJ: #1059 Margaret Bjork, 2259 Shadywood Road - Conditional Use Permit for Legal Duplex - Resolution List of Exhibits - A - Council Minutes 10-13-86 B - Council Action Notice C - Inventory of existing improvements D - Staff - proposed site plan E - Complete packet of submittals for Application #1059 - Exhibits A - L Brief Review on Status of Application - The applicant seeks a conditional use permit to allow the existing residence to be used as a legal duplex [per Section 10.20 Subd. 2(1) ]. The application has reviewed the unique history and physical setting or location of _he property. Prior to Mrs. Bjork's purchase of the property in 1976, the property had served previous owners as both residence and place of business (grocery store and dry cleaning plant). Staff would suggest that had Mrs. Bjork approached the City in 1976 seeking a legal duplex use rather than continuation of a commercial use as more sophisticated buyers of today would have, my guess is the City would have granted the conditiona'. use permit. The difficulty in considering such a request today is that the property has been a conforming use since 1976 at least on the official record. The property has been used as a duplex in recent years because of the size and physical layout of the living quarters. In issuing a building permit in 1976 for a mother-in-law apartment (area where commercial use existed - remember upstairs served as former residence for previous owners) staff failed to ask for the required conditional use permit (conditional use permit required for non -rental apartment) and approved plans that allowed not only separate entrances but made no attempt to conform interior design to a comprehensive single family unit as we require in similar applications today. Please review the attached staff memos prepared for the Planning Commission and Council for more detailed information and the Planning Commission recommendation. At the Council meeting on October 13, 1986, the Counci l's first review of the application, the four members agreed a duplex use of the existing structure was appropriate in light of the number of supportive findings that have been found concerning the property. Prior to any formal action on the application, Council members asked for additional information. Please review Exhibi` A, the minutes of that meeting, that reveals Counci l's posit 4 on and lists the information requested.