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POPHAM. HAIK. SCHNOBRICH, KAUFMAN & DOTY, LTD. <br />MEMORANDUM <br />TO: Jean Mabusth <br />FROM: Kathleen Blatz <br />DATE: March 26, 1986 <br />RE: Ulrich Guest Home <br />Staff requested that a legal opinion be issued in response <br />to the following two questions: <br />1. Can the existing guest house structure be usea in its <br />present state by the new owner without a new <br />conditional use permit? <br />2. If the new owner wishes to install a ki''-chen, must he <br />obtain a new conditional use permit? <br />ANALYSIS: <br />The property in question is in a LR-lB zoning district. <br />The City code requires that a conditional use permit be obtained for <br />any guest house in the LR-lB district. According to the facts as <br />set forth by City Staff in previous memorandum, the guest house in <br />question was authorized by a conditional use permit issued in 1981 <br />and was used as a guest house u, to a- pr��xzm-;tely four months b,�fore <br />staff became involved in the issue. <br />The Orono City Code, S10.09, Subd. 9, provides that upon <br />lapse of use for a period of six months, the future use must be in <br />conformance with the terms of the zoning chapter. In this instance, <br />it appears that the disuse of the guest house did not meet the six <br />month criteria. Therefore, on the sinil- issue of lapse of use, the <br />City would not be correct in requiring I new conditional use permit <br />for continued use of the guest house. <br />The second issue regarding the validity of the 1981 <br />conditional use permit centers on the fact that the kitchen has <br />never been completed and to this day, remains 'roughed in". <br />According to the memorandum from Jean Mabusth, gated February 27, <br />1986, the original conditional use permit was approved by a motion, <br />