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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 #2: Staff Update <br /> The Staff Update was noted. <br /> Case #3: Zoning Bulletins <br /> The Zoning Bulletins were noted. <br /> Planning Commission /October 6, 2011 <br /> Page 4 of 5 <br />