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DATE: May 19, 1970 <br />CASE NUMBER: SP - 33 <br />APPLICANT: Sullivan and Commers Interprises, Inc. <br />LOCATION: Lot 18, Block 4, Second Addition to New Brighton <br />REQUEST: Conversion to Duplex <br />PLANNING- CONSIDERATIONS: <br />The structure for which permission for conversion to duplex has been requested is a <br />large older home situated in the older portion of the Village on Fourth Avenue North- <br />west.. The externs I appearance of the structure-indicates some improvement of the <br />structure is necessary if it is to continue in use without creating an undesirable effect <br />on the neighborhood. <br />It is our understanding that the structure was at onetime used as a duplex. It is <br />unclear, however, if the use has been continuous or if the. intent was continuous <br />during the past few years. <br />Under the provisions of Village of New Brighton, Ordinance Number 188, Paragraph <br />3-30 Non-Conforming Uses of Structures,- Subparagraph 5, "When anon-conforming <br />use of a structure or a structure and premises in combination, is discontinued #or <br />twelve months or for eighteen months during any three-year period, the structure or <br />structure and premises in combination shall not thereafter be used except in conform- <br />ance with the regulations of the district in which it is located." <br />The burden of proof of such use is on the persons requesting the continuance of such <br />use . <br />It appears. questionable as to whether or not a special use permit can be applied to <br />this case because a duplex is not a listed "use by special permit" under the terms of <br />this Ordinance. <br />If it is found that this structure .has not been-used far the: squired. time~:indicated.~in the <br />third paragraph of this review no consideration should be given to re-use as a duplex. <br />