Agenda - Council - 10/26/2004 - 10/26/04

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CASE # REQUEST FOR AN AMENDED CONDITIONAL USE PERMIT TO ELIMINATE THE OWNER-OCCUPANCY REQUIREMENT FOR AN ACCESSORY APARTMENT; CASE OF KEVIN BLOCK, BARBARA LEE, AND GARY SANDBERG By: Amy Geisler, Associate Planner Background: In 1994, a former owner of 15823 Nowthen Blvd applied for and received a Conditional use permit to allow an accessory apartment in the R-1 Residential District. The approved CUP allows the property owner to rent out the second dwelling unit on the property, so long as the property owner maintains residence in one of the units. Since 1994, the property was sold to the present owners, who now wish to sell it to a prospective buyer, who wish to rent out both units. To accomplish this, the original CUP must be amended to eliminate the owner-occupancy requirement. The following items are enclosed for your information: g. h. i. j. k. 1. m. n. Site location map Site drawing Site photos Planning Commission meeting minutes dated February 1, 1994 City Council meeting minutes dated February 22, 1994 Letters from residents Information sheet on rental housing/similar conditional use permits Draft Planning Commission meeting minutes dated October 7, 2004 Draft City Council meeting minutes dated October 12, 2004 Original findings of fact Original conditional use permit Proposed findings of fact Resolution to approve the amended conditional use permit Resolution to deny the amended conditional use permit 'Notification: In accordance with State Statute, City Staff attempted to notify all owners of property within 350 feet of the Subject Property of the request and public hearing. The Planning Commission held a public hearing on October 7, 2004. Observations: The original Conditional Use Permit process began in 1993 after a building inspection revealed there were two dwelling units in use on the Subject Property. The owner at that time was notified that she needed a CUP in order to operate ~n accessory apartment in the R-1 Residential District. A CUP was issued by the City Council in 1994, with the condition that the property owner maintains residence in the main dwelling unit. Since that time, the R-1 Residential district was amended to. eliminate accessory apartments as a conditional use; therefore, the accessory apartment on the Subject Property is now considered lawful non-conforming. Presently, both the main unit and the accessory unit are owner-occupied. The current owners wish to sell the home to a buyer who plans to rent out both units. The Subject Property is approximately 3.5 acres.