Agenda - Council - 08/28/2007 - Laserfiche WebLink

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Case # ~ Request For Rental Housing License; Case of Jamie Sharp By: Asst. Community Development Director Sylvia Frolik City Attorney William Goodrich Background: The August ] 4 City Council Consent Agenda included a Rental Housing License Application from Jamie Sharp. Mr. Sharp owns the property and resides at 7346 149th Avenue N.W. He also owns the adjacent lot to the west, 7362 149th Avenue N.W. Mr. Sharp has applied for a rental housing license to rent the home 7362 149th Avenue N.W. His rental application received a satisfactory inspection and the license was forwarded to Council for approval. Both of these properties, Mr. Sharp's residence and his rental property, are located in Pineview Estates 2nd Addition (the "Plat"). The Plat is zoned Planned Unit Development (PUD). Observations: At the City Council meeting on August 14, Mr. Fred Mertens, another property owner in the Plat . approached the City Council and expressed objection to the granting of the rental housing license to Mr. Sharp. Mr. Mertens' objection was based on the fact that there are restrictive covenants filed with the County Recorder and encumbering the Plat. In his opinion, he feels certain that the covenants prohibit rental of the homes in the Plat. Mr. Mertens requested that the City Council deny the request for rental license on the basis that it would violate the restrictive covenants of the Plat. The Plat consists of 10 - 2+ acre lots. It was platted in 1987 and was zoned Planned Unit Development to provide for a mix of residential and small bu~iness uses. Each lot is restricted to a residential use on the front 200 feet of the property and each homeowner has the right to establish a small business beyond that 200 foot residential line. Any business established on the lot is subject to site plan review like other commercial properties in commercial zones. City Staff has reviewed the Plat's restrictive covenants. Section 3.1b (Membership and Voting Rights in the Association), states that "it is the duty of each Owner (or Occupant if the Owner is not occupying the house) to register....". The use of the word 'occupant', in addition to 'owner', throughout this document acknowledges that the 'owner' and 'occupant' may not always be one and the same. Therefore, in City Staffs opinion, rental is not prohibited in this neighborhood by the restrictive covenants, and City Code does not prohibit rental property. The following items are enclosed for your information: 1. Site location map - Sharp rental property at 7362 149th Avenue N.W. 2. Pineview Estates 2nd Addition restrictive covenants (Council packets only) 3. Letter from Fred Mertens to City Attorney dated 8-22-07 -145-