Agenda Packets - 2006/01/09 - Laserfiche WebLink

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Mounds View City Council December 12, 2005 Regular Meeting Page 8 1 Councilmember Stigney stated if the property is zoned R-2 it should have separate driveways and 2 garages. Also, this request for rezoning is in conflict with the Comprehensive Plan so he 3 supports denial. 4 5 Councilmember Flaherty asked if this is a typical R-2 use in Mounds View. Planning Associate 6 Heller stated it can be a separate dwelling created within the home and used for rental but in most 7 cases it is a twinhome type of situation. 8 9 Councilmember Flaherty stated he also felt an R-2 use would be more typical to a twinhome than 10 an addition over a garage. He stated he does not know, however, if this addition constitutes an 11 R-2 dwelling. 12 13 Councilmember Thomas asked if the City has an option to consider other than to rezone, such as 14 a rental agreement. Director Ericson stated there is a little gray area with this case. He noted that 15 the City encourages property owners to expanded their homes to include additional living space 16 because it is considered an amenity. The point at which it became a question, was when the City 17 was notified it had potential for renting out and the inspector was going to look at the property. 18 That elevated it to the R-2 designation. He explained that property owners can rent out a room or 19 part of the basement but the moment it is a distinct and separate living space with separate 20 access, it is a separate unit and not contemplated in the R-1 zoning district. 21 22 Councilmember Thomas stated the “mother-in-law” use is allowed based on shared living space 23 and since this addition does not have a separate driveway and garage, she considers it to have 24 shared living space. She noted that having a separate door does not define a separate facility and 25 neither does having a separate refrigerator or stove. Otherwise, any bedroom with a separate sink 26 or microwave would be considered a separate living space if it had a patio door. Councilmember 27 Thomas stated she does not know how this application rises to the level of a zoning change. 28 29 Director Ericson stated the shared space, according to Code and conventional review of matters 30 such as zoning, is shared living space, not a shared garage or driveway. In this case, there is no 31 shared living space. He noted there is a connection between the addition and primary home but 32 the door can be locked and there could be no shared space if they so choose. If the property 33 owner is seeking housing inspection and certification for, perhaps, Section 8 housing, then the 34 inspector must verify Code compliance. That elevates it to a different zoning classification. 35 36 Councilmember Flaherty stated he is not convinced this is an R-2 dwelling and he agrees with 37 Councilmember Thomas that this is no more than a “mother-in-law” apartment. He stated he 38 thinks the City can satisfy Ms. Colleen’s needs without a rezoning. 39 40 Councilmember Stigney stated his understanding that once it is rezoned to R-2, it will always be 41 rental property. He explained he is concerned about creating R-2 property without a separate 42 driveway and garage to house two families. 43 44