02-23-1987 Council Packet - Laserfiche WebLink

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Zoning Pile #1059 September 17, 1986 Page 7 The majority of the Planning Commission voted denial of the conditional use permit (fog duplex use) (originally accepted by staff as a possible cor, ;,uation of a non -conforming use - deemed less intense of use than the previous mixed commercial/residential u3es,. 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 ndn-rental apartment was never required in 1976. Please review Exhibit V. the minutes that contain the specific recommendation of the Planning Commission. Alternatives of Council .'lction: A) To deny the Bjork application for a conditional use permit for duplex credit and to grant a conditic I use permit for a non -rental apartment unit subject co 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 reE yard that is in a state of disrepair. Direct staff to draft a resolution with appropriate findings for action at your meeting of October 1.3'.h. B) To direct staf :o draft a resolution of approval for a ccndit nal use pe,.,,.it for a duplex based on resolve of the following issues: 1. City Attorney t:, opine if granting a duplex credit for this property constitutes a use variance or merely - variance to a performance standard of Section 10.20, •ubd-ision 3 (I) - If th is considered a use variant. _ she app' J ^a+.L n wi be returned for further Council Pcti(n a: r OcL-der 13th meeting. 2. Building Deparr.went to evaluate exist q structure in regard to building code standards for l�_,aI duplex. a) need for intepent water meteZs b) separate hook-ups to sewer for each units; c ) second f 1 oo r t mr,nt must be brought upto building code stanu,. -ris ;