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

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Discussion ensued regarding the history of the Conditional Use Permit, and how to fix it both for future property owners and staff. Discussion continued regarding the findings of fact. Motion by Commissioner Bauer, seconded by Commissioner Van Scoy to recommend that City Council adopt findings of fact favorable relating to the request for an amended Conditional Use Permit with the additional finding "That the original property owner did rent the dwelling to an unrelated person, subsequently contrary to the original CUP the City did grant a rental license for the dwelling and the current owner purchased the property with the understanding the second dwelling was a rental unit." Amended motion by Commissioner Bauer, seconded by Commissioner Van Scoy to recommend that City Council adopt findings of fact favorable relating to the request for an amended Conditional Use Permit with the additional finding "That the original property owner did rent the dwelling to an unrelated person, subsequently contrary to the original CUP the City did grant a rental license for the dwelling and the current owner purchased the property with the understanding the second dwelling was a rental unit" and "That the amendment would resolve innate conflicts with the City's actions." Motion Carried. Voting Yes: Chairperson Levine, Commissioners Bauer, Van Scoy, Brauer, Dunaway, Field, and Schiller. Voting No: None. Absent: None. Motion by Commissioner Brauer, seconded by Commissioner Van Scoy to recommend that City Council approve the request for an amended Conditional Use Permit. Further Discussion Commissioner Van Scoy asked the applicant the square footage of the accessory dwelling, how many bedrooms and if he was OK with the limit of three (3) people. Mr. Reed stated the dwelling was 1300 square feet, has two bedrooms which seems to make it designed more for singles, elderly that are living on their own or a family just starting out. Discussion ensued as to how many residents would be allowed and if a limit should be included in the amended CUP. Amended motion by Commissioner Brauer, seconded by Commissioner Van Scoy to recommend that City Council approve the request for an amended Conditional Use Permit with Condition #6 to read "The City Administrator and/or his/her designee shall have the right to inspect the premises for compliance, safety purposes, and any violation of city code annually or at any time upon reasonable request." Motion Carried. Voting Yes: Chairperson Levine, Commissioners Bauer, Van Scoy, Brauer, Field, and Schiller. Voting No: Commissioner Dunaway. Absent: None. COMMISSION/STAFF INPUT Planning Commission Work Session/October 20, 2011 Page 3 of 4