Agenda - Council - 11/07/2011 - Laserfiche WebLink

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CC Regular Session Meeting Date: 11/07/2011 7.2. By: Tim Gladhill, Community Development Information Title: Request for an Amended Conditional Use Permit for an Accessory Dwelling at 16101 Ramsey Blvd NW; Case of Anthony Reed Background: The City has received an application to amend an existing Conditional Use Permit (CUP) for an accessory dwelling in a detached accessory structure at 16101 Ramsey Blvd NW. The City approved a CUP in November, 2000 that allowed for an accessory dwelling on the Subject Property for use by a relative of the owner/tenant of the primary dwelling. The Subject Property was sold in May, 2010. The new owner of the Subject Property desires to lease the accessory dwelling to a non -relative for the purposes of gaining lease revenue. This appears to be in conflict with the CUP approved in 2000 and the City's current ordinances related to accessory apartments/dwellings. City Code currently does not allow for accessory dwellings. The issue before the City Council is to determine if the City can enforce the "relative only" and "no lease for consideration" provisions of the CUP. Notification: All property owners within 350 feet of the Subject Property were notified of the Public Hearing via Standard US Mail. A Notice of Public Hearing was also published in the Anoka County Union. Observations: Although accessory dwellings are not currently allowed by City Code, the City did approve the accessory dwelling by CUP in 2000, thereby affording the Subject Property certain lawful, non -conforming rights under Minnesota Statute Sect. 462.357 subd. 1 e and City Code Sect. 117-57. This type of use would be considered an accessory apartment or an accessory dwelling. Neither is listed as an allowable use under Chapter 117 of City Code. Furthermore, City Code Section 117-348 states that there shall be only one (1) main building per lot. Prior to 2000, the detached accessory structure was converted to office space for a home occupation. Eventually, the home occupation was relocated, and the home occupation use was terminated. In 2000, the previous property owner applied for a CUP to convert the detached accessory structure to a detached accessory apartment with the intent to provide housing for their mother. The request was approved, as noted above. The detached accessory apartment secured necessary building permits, including installation of a separate septic system and other applicable building code requirements in order to make it habitable as a dwelling unit. The CUP included a definition of 'family' specific to the request for the Subject Property. The CUP defined 'family' as someone related by blood, marriage, or adoption to the original Property Owner. In 2003, the City adopted a Housing Maintenance Code. Included in the Housing Maintenance Code was a new definition of'family' as well as a licensing requirement. The definition of 'family' applied community wide, including the Subject Property, and was defined as "(a) an individual, or group of persons related by blood, marriage, or adoption, including foster children, living together as a single housekeeping unit; (b) residents of a State licensed community residential facility as defined and authorized by State law; (c) a group of not more than ten persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit. In 2008, the City approved a rental license for the detached accessory apartment, based on the 2003 Housing Maintenance Code. There were two (2) separate licenses issued for the Subject Property; one (1) for the main dwelling, and one (1) for the detached accessory apartment. Although the approval appears to be in conflict with