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<br />Recommendation: <br /> <br />At the August 14 Council meeting, action on Mr. Sharp's request for a rental housing license was <br />tabled. Council posed the question: "Does the City have the authority to deny the request for a <br />housing rental license on the basis that it violates private, restrictive covenants?" There are two <br />reasons in this case not to deny the application: (a) the restrictive covenants do not prohibit <br />rental of parcels and homes; (b) and even if there were a prohibition, historically the City has <br />not enforced private, restrictive covenants. <br /> <br />Currently, there is not an active Homeowners Association in Pineview Estates 2nd Addition to <br />enforce the restrictive covenants. There is a clause in the covenants that allows the residents of <br />the Plat to petition the City to enforce the covenants. Staff recommends that the City does not <br />undertake enforcing private, restrictive covenants. Even if the City did enforce private, <br />restrictive covenants, there would be no grounds to deny the rental license application in this <br />case as the restrictive covenants do not prohibit rental property. <br /> <br />Funding Source: <br /> <br />Except for Staff time involved in preparing this follow up information for City Council, there are <br />no extra-ordinary costs associated with approving Mr. Sharp's application for a rental housing <br />license. The related costs are recovered through the license and inspection fees. <br /> <br />Council Action: <br /> <br />Motion by Councilmember and seconded by Councilmember to <br />approve/deny the request for a rental housing license from Mr. Jamie Sharp for the property at <br />7362 149th Avenue N.W. <br /> <br />Review Checklist: <br />Community Development Director <br />Permit Technician <br />Building Inspector <br /> <br />Copies To: <br />Building Official <br /> <br />CC: 08/28/07 <br /> <br />-146- <br /> <br />