Minutes - Council - 10/12/2004 - Laserfiche WebLink

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that would control multiple units in a building. This property is an anomaly. It is in the R-1 District, but is a two unit building. Motion by Councilmember Cook, seconded by Councilmember Pearson, to adopt a resolution waiving the [4 day time frame requirement between the Planning Commission public hearing and City Council review of an amended conditional use permit request from Kevin Block, Barbara Lee, and Gary Sandberg. Further Discussion: Councihnember Elvig questioned what is being waived with this resolution. City Attorney Goodrich replied the 14 day time period would give more opportunity for the public to hear about the issue with a longer period of time between the Planning Commission and City Council action. Councilmember Elvig stated he is not excited about giving that time period up, as there may be people that are concerned about this. Councilmember Zimmerman concurred. Pie stated with the landowners present on the property there is a better chance of control, tie asked if other requests in the fi~ture could be denied if this request is approved. City Attorney Goodrich replied other requests could be denied, but there would be some precedent that could be argued. He advised if this resolution to waive the time frame requirement is not passed, the amendment to the conditional use permit will need to be tabled until the next Council meeting. Councilmember Pearson questioned if staff feels there are enough rules on the City's rewritten rental policy to move this request forward. Associate Planner Geisler replied staff is recommending approval of the request, and feels there are enough standards in place. Councilmember Kurak stated her opinion is that the apartment was given a conditional use permit after it was built. If this is changed they will be making multi-family legal in a single- family zoning, and she does not agree with that. It makes her uncomfortable to allow a duplex in single-family zoning, and it would be heading down the wrong road. The property should be able to be utilized for the highest and best use. If the property owners want to continue with the conditional use permit she would have no objection with that. Councilmember Strommen indicated she realizes with the zoning a two unit building cannot be built in a single-family zone. She inquired if this request would set a precedent for a larger issue or just for cases with mother- in-law apartments. City Attorney Goodrich replied someone could argue a precedent has been set. Motion failed. Voting Yes: Councilmembers Cook and Pearson. Voting No: Mayor Gamec, Councihnembers Elvig, Kurak, Strommen, and Zimmerman. Further Discussion: Mayor Gamec directed staff to place this issue on a worksession agenda right away. Councihnember Elvig directed staff to research what similar conditions there would bc in thc City to this property. Assistant Community Development Director Trudgeon requested direction as to whether the worksession discussion should be specific to this case or the larger rental issue. Mayor Gamec stated this case is a good example, but it should relate to all properties. It needs to be determined if there is a problem how it would be solved without taking eight months up to two years. There have been complaints in the past that have lasted years. City Administrator Norman indicated staff will try to add this to the agenda of the Council worksession prior to the City Council meeting. Mayor Gamec directed staff to notify the current property owners and the purchasers of the worksession. Councilmember Strommen indicated the City Council/October 12, 2004 Page 14 of 30