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CASE # ~ <br /> REQUES'I~,FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY <br /> APARTMENT 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 l~as applied for a conditional use permit to maintain an accessory apartment in her <br />home at 15823 N~wthen Blvd. N.W. <br /> <br />Observations: <br /> <br />The main living quarters were constructed in 1963 and an addition was put on the home in t974. <br />This addition is ~eparated from the main Iiving quarters by an atrium door and consists of a <br />kitchen, living rc~m, bedroom, and bathroom. This addition is also serviced by its own furnace, <br />water heater and gas meter. <br /> <br />In 1993, the struo, mre was damaged by f~e and in a subsequent inspection by City Staff, Cathy <br />was informed thai she must obtain a conditional use permit for the accessory apm m'~ent. Cathy <br />disagrees with th~ need for the conditional use permit because: a) both units are occupied by <br />family (her daughter's family lives in the main living quarters and she lives in the addition); b) <br />neither unit is inc{me producing; c) both units are served by the same septic system and well; d) <br />the accessory unitihas been used as such since its construction in the 1970's and she continued that <br />use when she took ownership in 1991. <br /> <br />City Staff has der _~rfined that the former proper'w owner constructed the addition without properly <br />applying for a cc~nditional 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 apmm~dnt and as such, it should be regulated with a conditional use permit regardless of <br />~t being an mcom~ producer or not. <br /> <br />The following ire ~rOs are enclosed for your review and information: <br /> <br />a) <br />b) <br />c) <br />d) <br />e) <br /> <br />g) <br /> <br />Site location map <br />Sit~ plan <br />Le~ from Applicant <br />Petition from area residents <br />Public hearing response from Lorraine Stone dated 1/24/94 <br />Prc{posed findings of fact <br />PrOposed conditional use permit <br /> <br />Recommen da ti~n: <br /> <br />Considering the dlasign of the home and the number of years it has been utilized with an accessory <br />apartment, it is Staff's recommendation that a conditional use permit be granted to Cathy <br />Gustafson. StalYf is recommending that the term of the CUP be tied to Cathy Gustafson's <br />occupancy of the home. Studies indicate that this is advisable for two reasons: 1) It prevents <br />marketing the hom.[.eon speculation of it being a double rental unit or duplex; and 2) to ensure the <br />appearance of the ~tmcture will be maintained. <br /> <br />37 <br /> <br /> <br />