Agenda - Council - 11/07/2011 - Laserfiche WebLink

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such as chain link, wood, wrought iron etc but also states that other materials may acceptable if approved by City Council prior to installation. Typically, Staff requires that fences do not negatively impact existing drainage patterns, making the two (2) foot concrete base a concern. However, the fence is proposed to be located with a five (5) setback and is not located within a drainage and utility easement. The Applicant should ensure positive flow to the front of the Subject Property. Funding Source: All costs associated with the application are the responsibility of the Applicant. Staff Recommendation: The Planning Commission recommended approval of the request based on on Findings of Fact and several caveats: 1. The fact that the previous property owner rented to unrelated persons, which was approved by a City Rental License. 2. The fact that the current property owner purchased the Subject Property with the understanding that the detached accessory apartment could be rented to unrelated persons. 3. The fact that the unique history of the Subject Property has created a situation not found in other areas of the City. 4. The fact that the inate conflicts were created by the City, and not solely by the current property owner. 5. Concern that limiting unrelated persons from renting the detached accessory apartment would violate State and Federal law. Furthermore, based on the City Attorney's analysis supporting the ability to restrict the number of unrelated persons, the Planning Commission considered a restriction on the number of unrelated persons. However, ultimately the Planning Commission recommends that a definition of 'family' is needed in City Code that applies to all single-family dwellings. The Planning Commission did not want to create another unique situation and create a definition of 'family' specific to the Subject Property that had the potential to conflict with City Code in the event a definition of'family' was included in City Code in the future. Also, with the IPMC that addresses maintenance of buildings, the City's Nuisance Code that addresses conditions of premise and Code Enforcement procedures, as well as the City's off-street parking ordinance that restricts the number of motor vehicles allowed, the Planning Commission believed a majority of the concerns with adverse secondary effects of detached accessory apartments were mitigated to a degree. With that in mind, the Planning Commission recommends that the City Council consider an amendment to City Code to include a restriction on the number of unrelated persons as a broader policy discussion that would also apply to the Subject Property. Committee Action: Motion to adopt the resolution approving findings of fact. -AND- Motion to adopt the resolution approving the conditional use permit and request for stucco fence. Motion to deny the resolution approving the conditional use permit, based on findings of fact. Attachments Site Location Map Aerial Photo Applicant Photos Original CUP Information Proposed Findings of Fact Proposed Conditional Use Permit