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Motion Camed. Voting Yes: Acting Chairperson Johnson, Commissioners Jeffi'ey, Watson, <br />Brauer, and Shepherd. Voting No: None. Absent: Chairperson Nixt and Colnmissioner Van <br />Scoy. <br /> <br />Case #5: <br /> <br />Public Hearing - Request for an Amended Conditional Use Permit to <br />Eliminate the Owner-Occupancy Requirement for an Accessory Apartment; <br />Case of Kevin Block, Barbara Lee, and Gary Sandberg <br /> <br />Acting Chairperson Johnson closed the regular portion of the Planning Commission meeting at <br />7:32 p.m. in order to call the public hearing to order. <br /> <br />Public Hearing <br /> <br />Acting Chairperson Johnson called the public hearing to order at 7:32 p.m. <br /> <br />Presentation <br /> <br />Associate Planner Geisler stated in 1994, a former owner of 15823 Now{hen Blvd applied for and <br />received a conditional use peri-nit to allow an accessory apartment in the R-1 Residential District. <br />The'approved CUP allows the property owner to rent out the second dwelling unit on the <br />property, so long as the property owner maintains residence in one of the units. Since 1994, the <br />property was sold to the present owners, who now wish to sell it to a prospective buyer, who <br />wish to rent out both units. To accomplish this, the ofi~nal CUP must be amended to delet~ the <br />owner-occupancy requirement. <br /> <br />It is Staff's opinion that the City is better prepared to deal with rental properties now than was <br />the case in 1994, when the original CUP was issued. There are no records of any condition-of- <br />premises complaints for the Subject Property. Staff is confident that if concerns about property <br />maintenance arise, they can be dealt with through the Rental Licensure process. <br /> <br />City Staff. recommends approval of the amended conditional use pe~it. The original CUP and <br />Findings of Fact have been updated to include information from the original request, as well as <br />the cmTent application. <br /> <br />Citizen Input <br /> <br />staff noted they received two letters opposing this. <br /> <br />Mr. Kevin Block, 15823 Nowthen Boulevard, owner and Mrs. Elaine McManigle, prospective <br />buyer explained this property was. advertised as multi-family and not rental. <br /> <br />Acting Chairperson Johnson asked if there was a contingent purchase order. <br /> <br />Planning Commission/October 7, 2004 <br /> Page 7 of 16 <br /> <br />P15 <br /> <br /> <br />