Minutes - Council - 07/26/1994 - Laserfiche WebLink

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Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Zimmerman, Beyer, Hardin and Peterson. Voting No: None. Case Request for an Interim Use Permit for an Accessory Apartment in the R-I Rural Residential District; Case of Rebecca Jackson Zoning Administrator Frolik stated that Rebecca Jackson has applied for a conditional use permit to maintain an accessory apartment in her home at 15720 Kangaroo Street N.W. She informed Council that the Planning Commission conducted a public hearing on July 5, 1994, and in response to comments from a neighbor, recommended that an interim use permit be issued, rather than a conditional use permit, in order that the permit may include an expiration date that is concurrent with Ms. Jackson's ownership and residency on the subject property. Councilmember Hardin inqt, ired if there was sidewalk from the garage to the access for the lower level to which Ms. Frolik replied no. Councilmember Hardin stated he was concerned about the tenant having to walk through the snow, around the back of the garage, and access into sliding glass doors. Ms. Frolik stated that Ms. Jackson will keep a pathway clear, or that she could lay some flagstone. Ms. Jackson agreed that she will keep the path shoveled. Councilmember Beyer inquired if granting this request would set a precedent to which City Attorney Goodrich answered in the affirmative but that it would be handled on a case by case basis. Councilmember Beyer then inquired if it would be a benefit to look at amending an ordinance instead. Ms. Frolik stated that the Planning Commission has directed her to do just that and that she has started with the research of it. She added that this is a viable way to afford housing; it will not change the character of the neighborhood and the owner lives in the home also. Mayor Gilbertson slated he does not have a problem with it. Councilmember Beyer stated that if the Planning Commission is in favor of it and the owner would reside in the home also, then she too, is in favor of it. Councilmember Peterson stated that this creates income property and Ms. Jackson should be taxed at a commercial rate. Ms. Frolik offered to check with the County Assessor. Ms. Jackson commented that you still get homestead credit when you live in a duplex. Councilmember Peterson inquired if it matters if it's income property. Councilmember Beyer inquired if it would increase the property value. Mayor Gilbertson stated that the owner would live there and when that owner leaves, this property could be handled on a case by case basis. City Council/July 26, 1994 Page 15 of 27