Agenda - Planning Commission - 12/02/2004

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Further discussion: Councilmember Zimrnennan stated in a case like this the Council needs to pay attention to the neighbors who are concerned about their lower house values. They have given the applicants some leeway in giving them a conditional use pennit the first time. He indicated he will be voting against this. Counci'llnember Kurak stated she a~ees with Councilmember Zimmerman partially, She inquired if there will be a blanket policy that will cover issues such as parking for all properties of this type,, as well as others that may crop up. Assistant Comlnunity Development Trudgeon replied this is the only conditional use permit with an owner occupation restriction, so this question most likely will not come back on any of these. Any properties would likely have to be addressed on a case-by-case basis. Councilmember Kin-ak stated she will not be voting for this. She feels they zone certain parcels and that should be reflected. This property is zoned R-1 and she does not feel comfortable extending it further than the current restrictions. Tim Atkinson, 15811 Sodium Street, stated he attended the original Zoning meeting. His question is how this would be different than changing the zoning and coining fbrward and calling it a multi-housing zone. Mayor Gamec explained this is a conditional use permit and there are restri6tions in the findings of fact. If there are violations the City has the authority to go in and take it to court or do anything that would be in order at that time. The City Attorney stated that is correct. Mr. Atkinson asked what would happen if the property changes hands again. Assistant Community Development Director Trudgeon explained the conditional use pen2it stays with the land, and the same conditions would stay with the property if it were to sell. Councilmember Cook stated there are only nine of these properties in the City, and it is not even possible anymore to obtain a conditional use permit for the same thing. This is the only one of these properties that is required to have an owner living on the property, and the Council really has no choice but to gant 'this. Mayor Gamec stated strict conditions have been placed on the property. This makes it easier on the City's behalf if they run into any situations. It also protects the property owner because they kno~v what the City expects, Motion can'ied. Voting Yes: Mayor Gamec, Councihnembers Cook, Pearson, and Strommen. Voting No: Councihnembers Kurak and Zi~mnerman. Absent: Councilmember Elvig. Motion by Councihnember Cook, seconded by Councilmember Pearson, to adopt Resolution #04-10-326 approving the request for an amended Conditional Use Permit to allow an accessory apamnent in a single family structure in the R-1 Residential - Rural Developing District. Further discussion: Assistant Community Development Director Trudgeon indicated a correction should be made to the second whereas of the conditional use permit ordinance to state that the Planning Commission recommended den/al of the request, rather than approval oft he request. Mayor Gamec stated this is an unusual consideration in the City, and he hopes the owners will follow the ordinance and the conditions in the conditional use pernfit and findings of fact. Motion camed. Voting Yes: Mayor Garnec, Councihnembers Cook, Pearson, and Strommen, Voting No: Councihnembers Kurak and Zimmerman. Absent: Councilmelnber Elvig. Ci~ Council/October 26, 2004 Page 9 of 15 P53