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current property owner and would not be passed on. Community Development Director Frolik <br />replied that the permit states that the permit could only be passed onto a family member. <br /> <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Dempsey, Reeve, Griffiths, <br />Kociscak, and Wivoda. Voting No: None. <br /> <br />Motion by Commissioner Dempsey, seconded by Commissioner Wivoda, to recommend that <br />City Council approve Rebecca Wissler's request for a home occupation permit. <br /> <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Dempsey, Wivoda, Griffiths, <br />Kociscak, and Reeve. Voting No: None. <br /> <br />Case #3: <br /> <br />Request for an Interim Use Permit to Utilize a Detached Building as an <br />Apartment; Case of Hanna Smith <br /> <br />Chairperson Nixt closed the regular portion of the Planning Commission meeting at 9:05 p.m. in <br />order to conduct the public hearing. <br /> <br />Public Hearing <br /> <br />Chairperson Nixt called the public hearing back to order at 9:05 p.m. <br /> <br />Presentation <br /> <br />Community Development Assistant Wald stated that City Code states that there shall not be <br />more than one main building on a lot unless otherwise provided for in City Code. In 1989 the <br />owner of 8201 163rd Avenue applied for a building permit to build a home and a detached, 2- <br />story tuck-under garage. During the construction of the tuck-under garage, it became apparent <br />that the property owner was intending to develop the upper level of the detached tuck-under <br />garage as an apartment. Staff informed the owner that City Code prohibits two dwellings on one <br />parcel and a connection between the house and detached structure would be required for the <br />upper level of the garage to be legal living quarters. The property owner proceeded to construct <br />an underground tunnel between the two structures that staff determined did not meet the spirit of <br />City Code. The property owner applied for a conditional use permit to maintain a second <br />dwelling unit on the property and was denied on April 25, 1989. Subsequent to that time, Hanna <br />Smith has purchased the property and is requesting an interim use permit to utilize the upper <br />level of the garage as an apartment for nurse's living quarters to facilitate the foster home care <br />for senior citizens. The Interim Use Permit request is in regard to Loving Care Senior Services <br />desire to utilize the upper level of the detached garage on the property for the nurses living <br />quarters. Conditional Use Permits have been issued in the past for more than one dwelling on a <br />residential lot. The Delaney family estate (Armstrong Kennels) has a conditional use permit for <br />four dwellings. The Thomaswood Estate (Tom Kurak homestead) was granted a conditional use <br />permit for two dwellings in order that the seller, Mr. Thom, could live on the property for the rest <br />of his life. Don Kveton received a conditional use permit for two dwellings on his property, his <br /> <br />Planning Commission/September 5, 2000 <br /> Page 5 of 13 <br /> <br /> <br />