Laserfiche WebLink
From:Janice Gundlach <br />To:"ANDRA STORLA" <br />Subject:RE: Planning Commission Report <br />Date:Tuesday, March 20, 2018 9:22:00 AM <br />Attachments:affidavit.pdf <br />07-18-2006 _2_.pdf <br />Sorry for the delayed response Andra, but I was out on vacation for 7 working days and I just got <br />back yesterday and have been digging out since… <br /> <br />After discussing the details of how Mr. Miller is renting out his home, we don’t believe he has <br />created an illegal duplex. We consider his use of the home as a single family rental where no more <br />than 4 unrelated adults live in the dwelling. He has provided a signed affidavit to this fact (see <br />attached). Many single family homes are used in the manner Mr. Miller is using his home and a 2nd <br />kitchen in the basement is not unusual. The big issues we usually look for in determining whether or <br />not a dwelling is a duplex are address (there is only one address), utilities (they have not been <br />separated), and permanent structural separation of units (this has not occurred – only a locked door <br />exists). Also, the presence of two garbage and recycling containers doesn’t mean anything as there <br />are many single family homes that produce enough garbage and recycling to require more than one <br />receptacle. <br /> <br />Regarding Commissioner Fynewever’s email message to you, she is referring to a discussion I <br />informed the Commission of that took place in 2006 about adopting an Average Lakeshore Setback, <br />which purpose was to protect view-sheds across adjoining properties. This ordinance would have <br />applied only to fences, but accessory structures were mentioned during the discussion. It generated <br />a lot of public comments, almost all in opposition to such a requirement (I’ve attached the Planning <br />Commission meeting minutes from this public hearing - discussion begins on page 3). Based on the <br />public’s opposition, the Planning Commission tabled action and never resumed discussion. <br />Following the Planning Commission public hearing, the Council voted to deny adopting such an <br />ordinance. An Average Lakeshore Setback standard is really the only legislative means that exists to <br />fairly regulate views (case-by-case basis would be arbitrary). This topic was again brought up in 2016 <br />when the City adopted a Shoreland Ordinance, and again, there was little support for this standard. <br /> <br />Hope this helps! The Commission will take up Mr. Miller’s request again this evening. City staff is <br />recommending approval. Please let me know if you have questions regarding any of the information <br />contained in this email. <br /> <br />Janice Gundlach <br />Assistant Director of Community Assets <br />& Development/Planning Director <br />City of New Brighton <br />803 Old Highway 8 NW <br />New Brighton, MN 55112 <br /> <br />Direct: 651-638-2059 <br />Email: Janice.Gundlach@NewBrightonMN.gov