Agenda - Council - 02/24/1998 - Laserfiche WebLink

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CASE #: / REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A TWO-FAMILY RENTAL UNIT IN THE SINGLE FAMILY DISTRICT; CASE OF SCOTT AND GWYN SIMPSON By: Zoning Administrator Sylvia Frolik Background: Scott and Gwyn Simpson have resided at 15952 Nowthen Blvd. N.W. for eight years. They acquired the property at 16001 Nowthen Blvd. N.W. in 1997 and have applied for a conditional use permit to operate the dwelling at that address as a duplex. Observations: The property at 16001 Nowthen Blvd. N.W. is zoned R-1 Rural Residential, which is intended to accommodate single family homes. The design of the house and records on file at the City clearly reflect that the house has been operated as an illegal two family or duplex dwelling for many years. The Simpsons purchased the property in 1997 as an investment with the intent of · continuing to operate it as a duplex. When the Simpson's went to refinance the dwelling, the appraiser could not appraise the structure as it is zoned (Single Family) when the duplex use is so obvious. The appraiser advised the Simpsons that it would be to their advantage to obtain a conditional use permit. The Simpsons have stated in their letter of application that the dwelling is taxed as a duplex, which is not totally accurate. First of all, taxing and zoning classifications are two separate issues. For taxing purposes, the County Assessor classifies properties according to their use, not how they are zoned by the City, and the taxing classification doesn't justify illegal uses. In the Simpsons case, the dwelling is classified as a duplex at the County but their records indicate that the property is homesteaded and 'paying the same tax rate as an owner occupied single family home. Council may question how such an obvious duplex structure received a building permit and certificate of occupancy in a single family district. I am providing copies of records, that are public information, that indicate the Building Inspector was suspicious of the floor plan that included a kitchen on both levels. However, two kitchens in a single family dwelling is not a violation. The records also indicate that there was an interior stairway between the upper and lower level and therefore no physical separation between the two levels. Apparently, some time after the certificate of occupancy was issued, the interior connection between the upper and lower level, the stairway, was removed and the duplex use was established. In the past the City has issued two conditional use permits for duplex uses in single family districts. The first was at 164th and St. Francis Blvd.; the structure was built in 1970 and the City Administrator administratively issued a conditional use permit for the duplex in 1976. The second was in the 5500 block of 149th Avenue; the township Planning Commission issued a building permit for it in 1971 and the City Administrator administratively issued a conditional use permit for it in 1977. No record of any conditional use permit terms can be found. The City