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Case #4: <br /> <br />Request for a Conditional use Permit to Operate a Two-Family Dwelling Unit <br />in the Single-Family District; Case of Scott and Gwyn Simpson <br /> <br />Zoning Administrator Frolik stated that the Simpsons recently acquired the home at 16001 Nowthen <br />Boulevard. Historically, the home has been designed and illegally used as a duplex. The Simpsons <br />acquired it with the intent of obtaining a CUP to operate it as a legal duplex and absentee landowners. <br />Zoning Administrator Frolik stated the City Attorney advised that when an illegal use of property has <br />been determined, the City is not obligated to rectify the situation and make an illegal use legal, and <br />cautioned against setting a pattern or precedence for doing so. She indicated staff is recommending <br />denial of the request for a Conditional Use Permit for a two family rental unit with an absentee <br />landowner. <br /> <br />Motion by Commissioner LaDue, seconded by Commissioner Deemer, accepting Findings of Fact <br />#1 - 13 as drafted relating to a request for a Conditional Use Permit to operate a two family dwelling <br />unit in the R-1 Rural Residential district. <br /> <br />Motion Carried. Voting Yes: Chairperson Bawden, Commissioners LaDue, Deemer, Terry, and <br />Thorud. Voting No: None. Absent: Commissioner Jensen. <br /> <br />Motion by Commissioner Deemer, to amend the Findings of Fact #14 - 19 in a negative fashion. <br /> <br />Motion failed for lack of a second. <br /> <br />Motion by Commissioner Thorud, seconded by Commissioner Deemer, that Findings of Fact #14 <br />indicate the use will not adversely impact traffic in the area. <br /> <br />Motion Carried. Voting Yes: Chairperson Bawden, Commissioners Thorud, Deemer, LaDue, and <br />Terry. Voting No: None. Absent: Commissioner Jensen. <br /> <br />Motion by Commissioner Thorud, seconded by Commissioner Terry, that Findings of Fact #15 <br />indicate the use will not be dangerous or detrimental to persons residing or working in the vicinity. <br /> <br />Motion Carried. Voting Yes: Chairperson Bawden, Commissioners Thorud, Terry, Deemer, and <br />LaDue. Voting No: None. Absent: Cornmissioner Jensen. <br /> <br />Motion by Commissioner Terry, seconded by Commissioner Deemer, that Findings of Fact #16 <br />indicate the use will substantially or adversely impair the use, enjoyment or market value of <br />surrounding properties. <br /> <br />Motion Carried. Voting Yes: Chairperson Bawden, Commissioners Terry, Deemer, LaDue, and <br />Thorud. Voting No: None. Absent: Commissioner Jensen. <br /> <br />Planning Commission/February 3, 1998 <br /> Page 4 of 7 <br /> <br /> <br />