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them to rent the accessory structure outside the terms of the CUP and secondly he needs to hear <br />from the City Attorney on the legality of allowing only relatives before he could vote on the <br />amendment. <br />Vice Chairperson Van Scoy stated the CUP states that it is not a rental dwelling and it will not be <br />rented and what he needs to know from the City Attorney is if the mistake of issuing a rental <br />license voids out the CUP. <br />Commissioner Bauer stated he does not favor tabling it, the CUP was given to the previous <br />owner and that owner did not follow the specific conditions and he thinks the best use of this <br />property for the current owner and future owners is to allow the second unit to be used as a rental <br />unit. <br />Commissioner Field stated the Commission has been requested to recommend a policy related to <br />accessory apartments and they haven't even gotten into the subject. He sees the necessity to <br />deliberate on this particular subject further and is in favor of tabling the case to allow for further <br />input and allow for more measured discussion as how to treat this situation and address the <br />policy the council is seeking. <br />Motion by Commissioner Brauer, seconded by Commissioner Field to table the case for <br />additional city attorney input. <br />Further Discussion <br />Vice Chairperson Van Scoy stated that the intent was not to rent, but to let a relative stay there, <br />so the issue of being a relative is not consequential. <br />Commissioner Brauer stated that the issue is on the table to look at developing a policy. He <br />interjected to make it clear that his experience has been that the City has done an excellent job at <br />enforcing CUPs and this is very unusual, he didn't want to imply that Staff is not performing <br />well or that we have a problem with staff or issuances of CUPs. <br />Vice Chairperson Van Scoy stated that this was not an issue created by current staff. We have a <br />motion to table and the applicant agrees with that. <br />Motion Carried. Voting Yes: Vice Chairperson Van Scoy, Commissioners Brauer, and Field. <br />Voting No: Commissioner Bauer. Absent: Chairperson Levine, Commissioners Dunaway and <br />Schiller. <br />Case #3: Staff Update <br />The Staff Update was noted. <br />Case #4: Zoning Bulletins <br />The Zoning Bulletins were noted. <br />Planning Commission/October 6, 2011 <br />Page 4 of 5 <br />