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Vice Chairperson Van Scoy asked if a title search was done on the property and if Mr. Reed <br />received a copy of the conditional use permit at the time of closing. <br />Mr. Reed stated he assumed it was done, as he purchased title insurance and he received a stack <br />of papers but does not believe he received a copy of the conditional use permit. <br />Commissioner Brauer asked if the house was for sale on Craigslist. <br />Mr. Reed stated he is going in a different direction to clean up the neighborhood and is not <br />selling the house at this time. <br />Commissioner Field asked if the accessory dwelling was currently rented. <br />Mr. Reed stated no, his uncle and aunt are currently living there. <br />Motion by Commissioner Bauer, seconded by Commissioner Field, to close the public hearing. <br />Motion Carried. Voting Yes: Vice Chairperson Van Scoy, Commissioners Bauer, Field, and <br />Brauer. Voting No: None. Absent: Chairperson Levine, Commissioners Dunaway and Schiller. <br />Chairperson Levine closed the public hearing at 8:37 p.m. <br />Commission Business <br />Discussion ensued regarding the use; is it lawful non -conforming, the CUP states it is not to be a <br />rental property; however, it became a part of the rental licensing program, and how the history of <br />rental of the accessory dwelling affects the amendment to the CUP. <br />Commissioner Bauer stated that the best use of the existing structure regardless of how it came <br />about or how it has been used. The best case for it to be well maintained is to allow it be used as <br />a residential facility. <br />Commissioner Field stated he likes that policy however, it appears to be rewarding not following <br />what was previously approved. He likes the policy of allowing accessory dwellings as a potential <br />rental. Today you see more and more relatives moving back in with relatives so there is more of <br />a demand <br />Vice Chairperson Van Scoy stated he is frustrated with the fact that we have a CUP that was very <br />specific and the City issued a rental license and created the problem. <br />Senior Planner Gladhill asked if the Commissioners would like to have the City Attorney's <br />opinion if the Commission is setting any precedence that a rental license was given and on the <br />federal acts as well. <br />Commissioner Brauer stated that he is not just frustrated but angry, the commission passed this <br />with a very specific requirement and he would like to know what happened that would allow <br />Planning Commission/October 6, 2011 <br />Page 3 of 5 <br />