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<br />rll -\) <br />( )j <br />ftk <br /> <br />ITEM 9.1 <br /> <br />FROM: <br /> <br />MAYOR AND CITY COUNCIL <br />STEVEN B. ACH, CITY PLANNE~~~ <br /> <br /> <br />TO: <br /> <br />DATE: SEPTEMBER 20, 1993 <br /> <br />SUBJECT: CONDITIONAL USE PERMIT REQUEST <br />BY MARK PALMER/PUBLIC HEARING, <br />CASE NO. CU 93-18 <br /> <br />BACKGROUND <br /> <br />At the August 16, 1993, City Council meeting an issue arose <br />relevant to Mr. Palmer's residence being a duplex and the <br />implication this may have on his request for a conditional use <br />permit. The City Council tabled Mr. Palmer's request and <br />directed staff to research whether a conditional use permit can <br />be issued to a duplex. <br /> <br />ANALYSIS <br /> <br />e <br /> <br />Upon further review, staff has determined that the existing <br />residence is a duplex, which is referenced in the zoning <br />ordinance as a two family dwelling. The residence has separate <br />entrances, cooking facilities, driveways, utilities, and <br />addresses, all of which constitute separate dwelling units. <br />Given the determination that the residence is a two family <br />dwelling in an RIa (Single Family Residential) zoning district, <br />the following issues apply: <br /> <br />Present use is a legal, non-conforming use in the RIa <br />zoning district. <br /> <br />Home occupations are only allowed in single family <br />dwellings. <br /> <br />DUPLEX AS LEGAL NON-CONFORMING USE <br /> <br />The residence has been a duplex prior to the adoption of the <br />City's ordinance. Therefore, the use can continue so long as <br />it is not enlarged or extended. <br /> <br />HOME OCCUPATION IN SINGLE FAMILY ONLY <br /> <br />e <br /> <br />The City's Zoning Ordinance specifically allows home <br />occupations as either permitted or conditional uses in the RI <br />(Single Family Residential) districts. However, in the R2a <br />(Townhouse), R2b (Townhouse and Multi Family Residential), and <br />R3 (Townhouse and Multi Family Residential) districts home <br />occupations are specifically permitted or conditional in single <br />family dwellings only. By stating "single family" it is <br />clearly the intent of the Zoning ordinance not to allow home <br />occupations in dwellings other than single family residences. <br />Therefore, even if Mr. Palmer's residence was properly zoned, a <br /> <br />P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br />