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CASE # <br /> <br />REQUES'I~ FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY <br /> APAR, TMENT IN THE R-I RURAL RESIDENTIAL DISTRICT; <br /> ~ CASE OF CATHY GUSTAFSON <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />Background: ~ <br /> <br />Cathy Gustafson ~as applied for a conditional use permit to maintain an accessory apartment in her <br />home at 15823 l~owthen Blvd. N.W. <br /> <br />Observations: ' <br /> <br />The main living ~luarters were constructed in 1963 and an addition was put on the home in 1974. <br />This addition is ~eparated from the main living quarters by an atrium door and consists of a <br />kitchen, living r~om, 2 bedrooms, and a bathroom. This addition is also serviced by its own <br />furnace, water hetttcr and gas meter. <br /> <br />In 1993, the stmgture was damaged by fn'e and in a subsequent inspection by City Staff, Cathy <br />was informed that she must obtain a conditional use permit for the accessory, apartment. Cathy <br />disagrees with th~ need for the conditional use permit because: a) both units are occupied by <br />family (her daughter's f~mity lives in the main living quarters and she lives in the addition); b) <br />neither urdt is income producing, although there is a private agreement between Cathy and her <br />daughter and mo~ey does exchange hands; c) both un/ts are served by the same septic system and <br />well; d) the acc~.' ssory unit has been used as such since its construction in the 1970's and she <br />continued that us~ when she took ownership in 1991. <br />City Staff has determined that the former propen3, owner constructed the addition without properly <br />applying for a c~.ndifional use permit and therefore the apartment is considered illegal non- <br />conforming. It i[~ City Staffs opinion that the design and use of the addition qualifies as an <br />accessory apartment and as such, it should be regulated with a conditional use permit regardless of <br />it being occupied .by family members and it being an income producer or not. The fact remains that <br />the accessory apa}rtment is designed for privacy from the main living quarters, receives its own <br />utility bill and could be rented to non-family members. <br /> <br />The Planning Co~rfission conducted a public hearing on February I and there was one written <br />comment submitt ~d!cl in favor of the request. <br /> <br />The following iterhs are enclosed for your review and information: <br /> <br />a) <br />b) <br />c) <br />d) <br />e) <br />f) <br />g) <br /> <br />Sit~ location map <br />Sit[ plan <br />Letter from Applicant <br />Pe~tion from area residents <br />Public hearing response from Lorraine Stone dated 1/24/94 <br />PrOposed findings of fact <br />Prd~i)osed conditional use permit <br /> <br /> <br />