2018.03.20 PC - Laserfiche WebLink

Home Browse Search

Community Assets & Development Department MEMORANDUM DATE: March 20, 2018 TO: Planning Commission FROM: Janice Gundlach, Asst. Director of Community Assets & Development/Planning Director SUBJECT: Special Use Permits for 1244 Long Lake Road This memo shall provide supplemental information to the Planning Report dated February 20, 2018, specifically supplemental information pertaining to the Commission’s motion to table action on the requested Special Use Permits for 1244 Long Lake Road. 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”. 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. 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