01-12-1987 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 possible continuation of a none -conforming use - deemed less intense of a use than t1,e previcus 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. The 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. Please review Exhibit K, the minutes that contain the specific recommendation of the Planning Commission. Alternatives of Council Action: A) To -1env ,ne n;ork application for a conditional use permit for duplex credit and to grant a conditional use perm.lt 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 structure in rear yard that is in a state of disrepair. Direct staff to draft a resolution with appropriate findings for action at your meeting of October 13th. B) To direct staff 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 ")roperty constitutes a use variance or merely a variance to a performance standard of Section 10.20, Subdivision 3 (I) - If this is considered a use variance - the application will be returned for further Council 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 to sewer for each units; c) second f loor apartment must be brought upto building code standards;