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<br />~ <br /> <br />Mr. Schlies requested the Commission acknowledge the long-standing existence of the use of Space <br />12A and allow the variance so it may continue and they can satisfy the state Department of Housing <br />and Community Development. He continued to say that the elimination of a space would negatively <br />impact the residents because their common area expenses would increase by about 3 %. Likewise, <br />there would be one less low cost housing space in the City. <br /> <br />In closing, Mr. Schlies wanted the Commission to judge their application on the narrow issue of <br />legitimizing the 33rd space, not taking into account all the past battles and allegations concerning Mr. <br />Wagner. They are not relevant to this issue. <br /> <br />Commissioner Dove inquired of the applicant and Mr. ScWies how many mobile home units were <br />in the park at the time of purchase, whether there are fewer mobile homes in the park presently; and <br />how one would ever know the calculation used to determine the cost of the common area expense. <br />Mr. Schlies stated these questions were beyond the scope they were prepared to talk about. <br />Commissioner Dove stated that the tenants have been trying for over a year to learn how their <br />present rent is being calculated. Mr. Schlies stated his comment was on the theoretical basis that the <br />larger the base to spread a cost, the lower the individual cost would be. <br /> <br />Commissioner Cooper clarified with the applicant that 33 is the agreed-to historical number of spaces <br />in the park and there would not be a claim otherwise. <br /> <br />Commissioner Lutz inquired, if there are other unoccupied spaces, why is Space 12A the one that <br />has to be eliminated? Mr. ScWies stated that Space 12A is not on the original map. If it is <br />acceptable to HCD and the City to keep Space 12A, would you agree to eliminate a vacant space? <br />Mr. ScWies feels this would incur civil engineering costs to redraw the map for the applicant as well <br />as the loss of the space's rental revenue. <br /> <br />Commissioner Wright clarified that the map has been historically set at 32, but in existence are 33 <br />spaces and that was the situation when Mr. Wagner purchased the park. It seems to him that Spaces <br />12 and 12A are more lucrative for rental whereas Space 17 could be easily eliminated. <br /> <br />Chair Barker noted there is no Space 11, and in her counting of the spaces, there are only 32 spaces <br />physically on the ground. Mr. ScWies will study and readdress the Commission. <br /> <br />Mr. Beougher advised the Commission that under the penalty of perjury, Mr. Wagner stated in 1994 <br />that there were 32 spaces. <br /> <br />Robert McFarling, 4368 Railroad, Apt 5, stated he had rented a unit from Mr. Wagner in the park. <br />During his eight-month stay, there were a number of problems in the park. He is supportive of <br />grandfathering in the additional unit, for the benefit of the present occupant only. It is Mr. <br />McFarling's understanding that the park has never been fully occupied, so it will not be detrimental <br />to the park to eliminate one space. However, eliminating specifically Space 12A would be <br />detrimental to the occupant, Mr. Finn. <br /> <br />Mr. McFarling spoke about the unsafe conditions existing in the park that Mr. Wagner could not or <br />would not resolve. Water was running through the ceiling of the trailer he was renting from Mr. <br />Wagner. A sink hole was developing in another space. Maintenance in the park is poor. He would <br /> <br />Planning Commission Minutes <br /> <br />Page 9 <br /> <br />April 9, 1997 <br />