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Zoning File #1059 August 13, 1.986 Page 4 Questions 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 need for area or width standard but Section 10.03, Subdivision 4 would require that property meet all zoning standards to permit a change or intensification in use - property is substandard in area and 013i buildin -_ c) Does the fact that the property was assessed 2 water units and 2 sewer units have any beari.no on this issue? Assessments were ':,ased 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 consistent' cemmerciaarea to m,- ther rental u.• City failed t., use permi co allow the guest less ir;r, se use of limited, similar commercial use would not lapsed since dry cleaning dvised applicant that converted law apartment was to remain non - ask for the necessary conditional apartment - may have been deemed a property than a commercial use - have been allowed if one year h plant use ceased operation. e) Can you make the necessary findings that would supF, the position that would find the installation of the see residential unit in 19i6 as a continuation of a n,i- conforming use. Staff did not ask for a conditional use permit for the non-rc_ntal apartment nor for a conditional use permit to a11_ow the continuation of a non -conforming use. Per Section 10.03, Subdivision 5 (A) the non- conforming +.sc may not be changed to another ncn-conforming usE:. The n --N use would not have been approved. Prior to tre 1967 Z(- ing Code there were no standards ^r non- c nform4 ng u --!s - the change in use from grocery to dzy c1E;tn.ing 'ant required no zoning review. Staff had originally advised applicant's son that a r., riew of the f i l es and c -:de may have supported this position but can not make the nece .�ary findings.