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CASE #13: REQUEST FOR A CONDITIONAL USE PERMIT TO HAVE A SECOND PRINCIPAL DWELLING; CASE OF MR. LAZARES GILLES By: Planning Assistant Sylvia Frolik Background: In 1985, Mr. Gilles was issued a building permit to build a house at 8201 163rd Avenue N.W. The building permit included a two-story, detached, tuck-under garage. During the building process, Mr. Gilles convened the upper level of the garage into a dwelling unit containing it's own kitchen, bathroom and bedroom facilities. Upon inspection, the Building Official informed Mr. Gilles that even though the principal structure and unit above the garage are connected by an underground tunnel, the unit above the garage constitutes a second dwelling. Ramsey City Code does not allow for two dwelling units on single family residential lots and to do so, would require a conditional use permit. Subsequently, ~. Gilles applied for a conditional use permit to maintain a second dwelling unit on his property. On October 4, 1988, the Planning and Zoning Commission conducted a public hearing regarding Mr. Gilles' request. Mr. Gilles was not present at that meeting and the case was tabled. City Staff is reviving the case at this time. The following items are enclosed for your information: a) b) c) d) e) f) g) h) Application Site location map Site plan Public hearing notice Properties notified Public Hearing and meeting minutes dated Octo~r 4, 1988 Proposed f'mdings of fact Proposed conditional use permit Observations: Planning Assistant Frolik did some research with the League of Minnesota Cities and surrounding communities regarding accessory apartments and number of dwelling units allowed per lot. Anoka, Champlin and St. Francis do not allow more than one dwelling unit per lot in single family residential zones, nor do they allow for accessory apartments within the existing principal dwelling unit. Andover does allow homeowners in single family residential zones to rent living space to no more than two non-family members if there are no separate kitchen facilities, but does not allow for more than one dwelling unit per lot. Shoreview and Cottage Grove do allow for the creation of accessory apartments within the principal dwelling in single family residential zones. In 1984, the Minnesota Housing Financing Agency estabished a pilot pro,am to make loans to homeowners in participating cities who wish to add a rental unit to their single-family homes. The purpose of the program was to respond to the need for affordable housing for single persons, single parent families, retired citizens, and the need to make efficient use of existing housing stock. The program is still in effect. Recommendation: Building Official Huff has reviewed the application and is concerned that if approved, it will set a precedent.