Minutes - Council - 11/28/2000 - Laserfiche WebLink

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Case #3: Request for a Conditional Use Permit to Maintain Two Dwellings on One Parcel; Case of Stephen & Pamela Upton Community Development Director Frolik stated that City Code states that there shall not be more than one main building on a lot unless otherwise provided for in City Code. Mr. and Mrs. Upton reside at 16101 Ramsey Boulevard NW, Ramsey, and they are requesting a conditional use permit to maintain a second dwelling (guest cottage) on the property to provide separate living quarters for Mrs. Upton's mother when she visits for extended periods of time. The subject property is approximately 2.6 acres in size and is located in the rural services area. Mr. and Mrs. Upton have a 528 square foot attached garage (2 stall), and two other detached accessory buildings that are 384 square feet and 1,080 square feet in size. When the Uptons purchased the property, the 1,080 square foot detached accessory building was already heated, sheet rocked, and supplied with a working bathroom and electricity. The applicants would like to convert the existing detached accessory building into a guest cottage to provide separate living quarters for Mrs. Upton's mother when she stays for extended periods of time. Mrs. Upton's mother visits quite fi'equently and is unable to climb the stairs in the main dwelling. If the City approves the conditional use permit request, the applicants are proposing to install carpet, cabinets, windows, and a shower to provide for one bathroom, a kitchenette with dining area, living room, and one bedroom. Mr. and Mrs. Upton do not intend to rent or lease the dwelling to persons at large. Recently, Loving Care Senior Services received approval to maintain two dwellings on one parcel to provide for a nurse's living quarters and is the only past case that does not maintain compliance with the four units in 40 acres density rule. Upon reviewing Loving Care Senior Services and Don Kveton's request for a conditional use permit to maintain two dwellings on a parcel, the City Council stated that applications for two dwellings on a property should be viewed as a means to remedy a unique or already existing situation. The Council also noted that they do not intend to set a precedent in allowing two dwellings on a parcel when new construction is required. The Planning Commission conducted a public hearing and reviewed the request at their regular meeting on November 6, 2000. There were no written or verbal comments submitted to the Planning Commission. The Planning Commission recommended approval of Mr. and Mrs. Upton's request to maintain two dwellings on their property with restriction placed on the occupancy of the second dwelling. The Planning Commission does not want to see the dwelling be used as a revenue generating rental property due to the rural single family characteristic of the neighborhood. The Commission recommended that the City Council restrict the conditional use permit occupancy to relatives. City staff has defined the term "relative" to be someone who is related to the applicants by blood, marriage, or adoption. City Attorney Goodrich stated that it has been a controversial issue as to whether or not a City can restrict a use to only family members, but the U.S. Supreme Court states that it is permissible. Counci hnember Hendriksen inquired if the applicant will be charging family members for use of the milt. Steve Upton, 16101 Ramsey Boulevard NW, Rarnsey, replied no. City Council/November 28, 2000 Page 8 of 21