Agenda - Planning Commission - 02/03/1998

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CASE #: q REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A TWO-FAMILY DWELLING UNIT IN THE SINGLE FAMILY DISTRICT; CASE OF SCOTT AND GWYN SIMPSON By: Zoning Administrator Sylvia Frolik Background: Scott and Gwyn Simpson reside at 15952 Nowthen Blvd. N.W. They purchased the home across the street at 16001 Nowthen Blvd. with the intent of obtaining a conditional use permit to rent it out as a two-family structure. The following items are enclosed for your information: a) b) c) d) Site location map Photo and floor plan of structure Proposed findings of fact Proposed conditional use permit Observations: The basis for the Simpson's plan for rental units was that the interior of the home is designed for dual occupancy in that each level has 3 bedrooms, 2 baths, a kitchen and living room. From personal observation, they also have been witness to the use of the structure as a two family unit. Staff has researched the property files and found that at the time the home was constructed in 1981, the Building Inspector raised some suspicions regarding the-ultimate use of the property because of the inclusion of a kitchen on each level (which is not a violation). Consequently, the Building Inspector had the homeowner/builder sign a document acknowledging the single family zoning on the property and the fact that use of the structure for anything but a single family home would require a special use permit. There is also a police incident report on file that confirms the illegal use of the structure as a two family unit. The City has granted 3 conditional use permits for multi-family or accessory apartments in the single family district in prior years. There are also some non-conforming multi-family structures in the City and most likely, numerous other illegal multi-family uses. The 2 most recent conditional use permits issued included terms in the permit that requires one of the occupants to be the homeowner. The Simpsons are not planning to take up any permanent residency in the home; they may live in it temporarily while their new home is under construction. The matter has been discussed with the City Attorney and he.advises that when an illegal use of property has been determined, the City is not obligated to rectify the situation and make an illegal use legal, and he cautions against setting a pattern or precedence for doing so.