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<br />CASE # 5 <br /> <br />PUBLIC HEARJNG <br />REQUEST FOR AN AMENDED CONDITIONAL USE PERlVlIT TO <br />ELIwlINATE THE OWNER-OCCUPANCY REQUIREMENT <br />FOR AN ACCESSORY APARTMENT; <br />CASE OF KEVIN BLOCK, SANDRA RlCE, AND GARY SANDBERG <br />By: Amy Geisler, Associate Planner <br /> <br />Background: <br /> <br />In 1994, a former owner of 15823 Nowthen Blvd applied for and received a conditional use <br />permit to allow an accessory apartment in the R-1 Residential District. The approved CUP <br />allows the property owner to rent out the second dwelling unit on the property, so long as the <br />property owner maintains residence in one of the units. Since 1994, the property was sold to the <br />present owners, who now wish to sell it to a' prospective buyer, who wish to rent out both units. <br />To accomplish this, the original CUP must be amended to delete the owner-occupancy <br />requirement. <br /> <br />The following items are enclosed for your information: <br /> <br />a. Site location map <br />b. Planning Commission meeting minutes dated February 1, 1994 <br />c. City Council meeting minutes dated February 22, 1994 <br />d. Site drawing <br />e. Site photos <br />f. Letter from resident <br />g. Original findings of fact <br />h. Proposed findings of fact <br />l. Original conditional use permit <br />J. Proposed conditional use permit <br /> <br />Notitication: <br /> <br />In accordance with State Statute, City Staff attempted to notify all owners of property within 350 <br />feet of the Subject Property of the request and public hearing. <br /> <br />Observations: <br /> <br />The original Conditional Use Permit process began in 1993 after a building inspection revealed <br />there were two dwelling units in use on the Subject Property. The owner at that time was notified <br />that she needed a C UP in order to operate an accessory apartment in the R -1 Residential District. <br />A CUP was lssuecl by the City Council in 1994, with the condition that the propeny owner <br />maintains residence in the main dwelling unit. Since that time, the R-l Residential district was <br />amended to eliminate accessory apartments as a conditional use; therefore, the accessory <br />apartment on the Subject Property is now considered lawful non-conforming. Presently, both the <br />main unit and the accessory unit are owner-occupied. The current owners wish to sell the home <br />tt) a buyer who plans to rent out both units. <br /> <br />51 <br />