Agenda - Council - 11/09/2004 - Laserfiche WebLink

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Case 45: Public Hearing — Request for an Amended Conditional Use Permit to Eliminate the Owner -Occupancy Requirement for an Accessory Apartment; Case of Kevin Block, Barbara Lee, and Gary Sandberg Acting Chairperson Johnson closed the regular portion of the Planning Commission meeting at 7:32 p.m. in order to call the public hearing to order. Public Hearing Acting Chairperson Johnson called the public hearing to order at 7:32 p.m. Presentation Associate Planner Geisler stated in 1994, a former owner of 15823 Nowthen Blvd applied for and received a conditional use permit to allow an accessory apartment in the R-1 Residential District. The approved CUP allows the property owner to rent out the second dwelling unit on the property, so long as the property owner maintains residence in one of the units. Since 1994, the property was sold to the present owners, who now wish to sell it to a prospective buyer, who wish to rent out both units. To accomplish this, the original CUP must be amended to delete the owner -occupancy requirement. It is Staff s opinion that the City is better prepared to deal with rental properties now than was the case in 1994, when the original CUP was issued. There are no records of any condition -of - premises complaints for the Subject Property. Staff is confident that if concerns about property maintenance arise, they can be dealt with through the Rental Licensure process. City Staff recommends approval of the amended conditional use permit. The original CUP and Findings of Pact have been updated to include information from the original request, as well as the current application. Citizen Input Staff noted they received two letters opposing this. Mr. Kevin Block, 15823 Nowthen Boulevard, owner and Mrs. Elaine McManigle, prospective buyer explained this property was advertised as multi -family and not rental. Acting Chairperson Johnson asked if there was a contingent purchase order. Mrs. McManigle stated they agreed to purchase the property only if it can be rented out. She stated they live twenty miles away and have purchased other property which they have upgraded. Mr. Louis Abendroth, 15810 Sodium Street, stated he was against this because he previously lived in a city where they built rental properties and had to move because of the foul language and things going on that were not good for their children. He stated they moved to Ramsey to get Planning Commission/October 7, 2004 Page 7 of 15