2018.03.20 Planning Minutes SIGNED

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would be holding a Neighborhood Meeting at Freedom Park on Thursday, March 22nd from 6:00 to 7:30 p.m. She noted those in attendance would receive an update on the City's water, the Korean Church property and even year elections. VI. Old Business (A) Consideration of Special Use Permits to allow placement of fill in the floodplain, coupled with creation of compensatory storage, and construction of a detached garage in excess of 624 SF at 936 SF at 1244 Long Lake Road. Planning Director Janice Gundlach reported During the February 20, 2018 Planning Commission public hearing regarding Mr. Tim Miller's request to construct a detached garage larger than 624 SF, a neighbor (Andra Storla — 1248 Long Lake Road), presented information suggesting the property was being used illegally as a duplex. Due to Special Use Permit requirement 8-130 (e) that states "the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located", the Planning Commission tabled action to allow staff to work with the City Attorney and applicant to determine if the home was being used illegally as a duplex. Beyond the duplex concern, there was a concern that too many unrelated adults lived in the single-family home. More specifically, Zoning Code Section 2-020(29) (C) defines "family" for the purpose of a "single family home" as "a group of not more than four persons not so related, maintaining a single housekeeping unit". Planning Director Gundlach reported since the February 20, 2018 Planning Commission meeting, staff has talked with the applicant and the City Attorney about how to resolve these issues. Regarding the duplex concern, staff has concluded: ■ The applicant has not made any permanent, structural changes to the home that would make the home into a duplex. Rather, a locked door separates the lower and upper levels. • The lower level of the home was finished as a "mother-in-law" suite with separate kitchenette. It is not unusual for a New Brighton home to have a kitchenette or wet -bar in the lower level (or anywhere in the home) in addition to a regular kitchen. • Only one address exists. • Only one water and electrical service exists. Planning Director Gundlach indicated based on the above bulleted items, and after consulting with the City Attorney, staff would not consider the home a duplex. If the home isn't a duplex, this leaves the issue of making sure the occupants of the home meet the definition of family per Zoning Code Section 2-020(29) (C). During the hearing, the applicant admitted to having leases with five unrelated adults. After the meeting, the applicant advised staff that he would immediately terminate a lease with one of the five, bringing occupancy to the maximum of four unrelated adults. Planning Director Gundlach stated based on the concerns of the neighbor and the information the applicant provided regarding how to resolve these two matters, staff inquired with the City Attorney on how best to ensure continued compliance moving forward. As staff suspected, the City Attorney recommended the applicant provide an affidavit stating the home can only be used as a single-family residence, that only four unrelated adults are allowed to maintain a single housekeeping unit, and the applicant only has leases of four adults. This signed affidavit is attached and has been reviewed and accepted by the City Attorney. It was noted a new Resolution has been drafted with an additional W