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Councihnember Elvig stated he does not see that the City has the ability to place this restriction <br />on this property. It is a small anomaly in the City and there are controls in place so this situation <br />does not happen again. He noted the property is 3.5 acres in size with good buffering. <br /> <br />Public Works Director Kapler indicated the two units at this property have the same address. <br />This should be corrected to two addresses so dispatch knows there are two living areas for <br />situations of emergency response. <br /> <br />Louis Abendroth, 15810 Sodium Street stated this property is zoned residential. The property <br />right behind this is a vacant lot, and that property owner could put up a house and rent it out <br />without the homeowner living there if it is allowed for this property owner. If this is rental <br />property it should be made rental property and if it is zoned residential it should be residential. <br /> <br />Associate Planner Geisler indicated the vacant parcel would need to go through a subdivision <br />process to build on that property. <br /> <br />Councilmember Strommen informed Mr. Abendroth that part of the issue is there are other <br />properties like this without owner occupancy requirements, and a different requirement cannot be <br />placed on this property. <br /> <br />Jacqueline Abendroth expressed concern with this zoning being changed to R-2. <br /> <br />Mayor Gamec explained the zoning would remain R-1. If the property owner of the adjacent <br />land were to build they would have to subdivide the property and a single family home would be <br />required. He explained it would be a problem for the City to deny this request. <br /> <br />The potential buyer of the property stated she and her husband own one of the other properties <br />with a conditional use permit. They purchased the property one year ago in March from someone <br />who had purchased it in foreclosure in 1997 and there was a conditional use permit on the <br />property. There are two addresses at that property, listed as Unit 1 and Unit 2, and they plan to <br />do thc same thing with this property. They will do what is needed for fire safety. <br /> <br />Councihnember Strommen questioned if a fire inspection is part of the new rental regulations. <br /> <br />Associate Planner Geisler responded in the affirmative. <br /> <br />Councilmember Elvig stated the real question is that this property is the only rental property with <br />an owner occupancy requirement. He does not see that the Council has the ability to deny this <br />request due to this. <br /> <br />Mrs. Abendroth inquired if the property will be inspected every two years once it is rental <br />property. <br /> <br />Associate Planner Geisler replied it has been rented in the past, but currently all of the four <br />owners live on the property. <br /> <br />City Council Work Session/October 19, 2004 <br /> Page 6 of 7 <br /> <br /> <br />