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Item No: 05 Meeting Date: Jan 3, 2021 Type of Business: WS City Administrator Review: of Mounds View Staff R To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: 5061/5065 Sunnyside Rd; Tri-Plex Introduction: It is anticipated that the owner of 5061/5065 Sunnyside Road will request to allow a duplex to be converted into a tri-plex. Discussion: 5061/5065 Sunnyside Road, is licensed as a two -unit duplex. 5065 has two bedrooms on the 1 st floor. 5061 has two bedrooms on the 1 st floor and two bedrooms in the basement. For some time, 5061 was occupied by two brothers. One of the brothers moved out, and a non - family member moved into the 1 st floor unit. Upon Staff's inspection in September, Staff determined that the basement bedrooms operate as an illegal third unit, and issued correction orders. In discussions with the owner, the owner misunderstood, and renewed the lease for the third unit, and applied to renew the 2022 Rental License for two -units. The City will deny the 2022 License because of the illegal occupation, and issued a notice to the owner with options: 1. Vacate the basement unit. 2. Construct stairs connecting the basement unit and upper unit (5061), such that its occupants have unobstructed access between both floors (acts as one unit). 3. Obtain approval to; (1) amend the Zoning Map from R-2 Single & Two Family Residential (e.g. 1-2 units) to R-3 Medium Density Residential (e.g. 3-6 units), and Comprehensive Plan from Single -Family Attached, to Multi -Family; and, (2) a Conditional Use Permit (CUP) to expand Multi -Family (e.g. expand from two -units, to three -units). Things to consider: 1. What is the "Highest & Best Use" of the property? The current R-2 zoning allows for one and two -unit residential. If rezoned R-3, then 3-6 units is permitted with a CUP. 2. If rezoned from R-2 to R-3, and the CUP is approved, then the expansion must comply with current regulations (e.g. requires a garage, where none currently exists). Should the garage requirement also apply to the existing two units (e.g. one -car garage vs. three -car garage)? 3. If the highest & best use of this property is 3-6 unit multi -family, then should the other duplexes on the block also be rezoned from R-2 to R-3? If the owner applies to rezone, should the City initiate rezoning of the other duplexes? Recommendation: No action is required at the Work Session. Staff will recommend the property stay as -is (R-2), with no more than two -units. Respectfully, Jon Sevald, AICP Community Development Director