Laserfiche WebLink
-16- <br /> <br />Chairperson Nixt inquired if the conditional use permit is granted would it be possible for the <br />second dwelling to be used as a rental property. <br /> <br />Commissioner 'Johnson stated that they could include in the conditional use permit that the <br />second dwelling cannot be used as a rental property. <br /> <br />Motion by Commissioner Johnson, seconded by Commissioner Reeve, to recommend that City <br />Council adopt Findings of Fact in the positive relating to Mr. and Mrs. Upton's request for a <br />conditional use permit to maintain two dwellings on one parcel, including a finding of fact <br />stating "That the applicants have stated that they will only use the second dwelling for a relative <br />who has health issues" and having finding of fact #9 read "will not". <br /> <br />Motion Carried. Voting Yes: Commissioners Johnson, Reeve, and Kociscak. Voting No: <br />Chairperson Nixt. Absent: Commissioners Griffiths and Wivoda. <br /> <br />Motion by Commissioner Johnson, seconded by Commissioner 'Kociscak, to recommend that <br />City Council approve Mr. and Mrs. Upton's request for a conditional use permit based on the <br />findings of fact including the language that the applicant will only use the second dwelling for a <br />relative. <br /> <br />Further discussion: Community Development Director Frolik stated that based on discussions <br />that staff has had with the City Attorney they have been told that the City cannot restrict use of <br />the second dwelling to family members. Commissioner Reeve stated that he did not think they <br />need to restrict the use to family members, but prevent the dwelling from being used as a revenue <br />generating rental property. Community Development Assistant Wald explained that the way the <br />court is defining family or relatives is so different that a tree definition is difficult to be <br />pinpointed. Commissioner Johnson stated that they could leave it up to the Council to define the <br />term "relative" more specifically with the assistance of the City Attorney. Commissioner <br />Kociscak stated that he would prefer that they limit the use to only family members and then if <br />they don't comply with those terms, the conditional use permit can be revoked. Commissioner <br />Johnson stated that he thinks that a guest cottage can be a reasonable accommodation on a large <br />property. <br /> <br />Motion Carried. Voting Yes: Commissioners Johnson, Kociscak, and Reeve. Voting No: <br />Chairperson Nixt. Absent: Commissioners Griffiths and Wivoda. <br /> <br />Case #2: <br /> <br />Proposed Ordinance to Establish Density Transition Standards for New <br />Residential Development <br /> <br />Chairperson Nixt closed the regular portion of the Planning Commission meeting at 7:44 p.m. in <br />order to conduct the public hearing. <br /> <br />Planning Commission/November 6, 2000 <br /> Page 10 of 21 <br /> <br /> <br />