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

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Casc #$: Public Hearing - 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 Acting Chairperson Johnson closed the regular portion'of the Planning Commission meeting at 7:32 p.m. in order to call the public hearing to order. Public Hearing Acting Chairperson Johnson called the public hearin~ to Presentation ..~i?!ii?? ~;?!?!'i~!i: ~!; ]'i:;'! ~7 ".-~ Associate Planner Geisler stated in 1994, a N6 ai-Bf ,a;applied for and received a conditional use pe~it to allow an ac~k~a~ment in the R:~:~a~a~=ti~ District. The approved CUP allows the prope~ owner t0~?~:~;the seconddwa i 2unit' on the property, so long as the prope~ owner maintains :~d~;:~e,of the units. Since 1994, the property was sold to the present owners, who ~2~ ~ish t0' :,{~2~'~_prospective buyer, who wish to rent out both units. To accomplish ~-~fi4~:6riginal cuP?~na~;b~,;amended to delete the owner-occupancy requirement. :,~ ~-~.,~;::. . . ".~2¢'7~::~:~? Li,¢~t?~?~'---~ :~..';:., . . . . The original Conditional Use Pe~t p~o~e~s beg~m~'~l:991.--a~r..a building mspechon revealed there were two dwelling units in use on~ubj~ope~~ Owner at that time Was notified that,she needed a CUP in order to~ operat~'an ac¢~e~so~ ap~ment m the R-1 Residential District. A CUP was issued by the ciWeaunci in condition that the prope~y owner maintains residence in the mai~:dwelling unit.'~g~/~.:ihat time, the R-1 Residential district was amended to eliminate ac~esS0~)apa~ments a~:~4~7~'~2&~aitional use; therefore, the accessm~ apa~ment on the Subject ProPe~:~is now considered la~l non-confo~ing. Presently, both the main anit and the accesso~ u~t:arb .~er-oecupied. The cu~ent owners wish to sall the home to a buyer who plans t0 rent out b0th~':?~¢~ ' Since 1994, the City has made~:significant.~:aates to the Rental Licensing requirements .in City Code. The City now requires a. Kental License for all rental properties in the CiW, which must be renewed eve~ two years. The: ~tent of the new Rental Licensing requirement is to ensure that all rental-housing in the CiW meets:basic qualiW standards (~nctional smoke detectors, ~nctional appliances/plumbing, securi~, basic maintenance, etc). A major component of the licensing requirement ~s an inspection; w~ieh is conducted by the Building Depa~ment. One concern raised when the 0riginal CUP was issued was about the lack of owner occupancy on the property resulting in the degradation of the property.' The Rental Licensing requirements stipulate that the property owner or a local agent must live within 75 miles of the property in order to provide routine maintenance and repairs to the property, staff would also note that Rental Licenses are non-transferable; any new owners would need to go through the process again. Planning Commission/October 7, 2004 Page 8 of 17