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<br />ROLL CALL VOTE <br /> <br />Conunissioners Cooper, Dove, McGuirk and Wright, and Vice-Chairperson <br />Barker <br />None <br />Chairman Lutz <br />None <br /> <br />. <br /> <br />AYES: <br /> <br />NOES: <br />ABSENT: <br />ABSTAIN: <br /> <br />Resolution No. PC 96-35 was entered approving Case UP-96-23, as motioned. <br /> <br />d. UP-96-15, Neil and Pat Nelson <br />Application for conditional use permit approval for a secondary unit within a proposed custom <br />home located at 5206 Foothill Road. Zoning for the property is R-I-40,OOO (Single-Family <br />Residential) District. <br /> <br />Mr. Iserson presented the staff report for the application for a conditional use permit to establish a <br />secondary unit within the home of Neil and Patricia Nelson, located at 5206 Foothill Road. The <br />secondary unit is proposed to be 1,049 sq. ft., and the applicants will live in the second unit while <br />they finish the main residence. Exterior access will be through the kitchen and bedroom and interior <br />access to the main residence is provided through the attached three-car garage. <br /> <br />. <br /> <br />Staff noted the standard conditions the Commission generally attaches to secondary units: only two <br />adults can occupy the unit and a parking space is assigned to the unit. Staff added a condition of <br />approval that one of the three-car garage spaces be assigned to the second unit. Staff feels that with <br />the proposed conditions of approval, the conditional use permit finding that the main house maintain <br />the characteristics of a single-family home can be met. The limitation of the floor area, the condition <br />of owner-occupancy, and the condition of limiting the number of adults to two all enforce the finding <br />that the use be single-family in nature. Therefore, staff feels the State Government Code and City <br />use permit findings can be met, and recommend approval of the use permit for the secondary unit, <br />subject to the conditions of approval. <br /> <br />Commissioner Barker inquired if the Commission could add an additional condition specifying that <br />only the owner-occupier be signatory on any lease agreement. Staff felt this condition would be <br />acceptable. <br /> <br /> <br />PUBLIC HEARING WAS OPENED <br /> <br />Pat and Neil Nelson represented their application. They agree with the staff report but object to <br />some of the conditions. They object to creating deed restrictions (Conditions 3 and 4), believing it <br />is redundant because State law requires this as well. Mr. Beougher advised this is an option <br />available to the City, and Mr. Iserson noted this is a routine condition and feels it is important the <br />second unit be recorded on the deed to inform future buyers of this situation. <br /> <br />Mr. Nelson objected to the requirement that the second unit have access to the garage (Condition 5). <br />If they rent this unit in the future, they do not want the renter to have access to the garage. Mr. <br />Nelson stated he could not fmd any State or City requirement to provide a covered garage space. <br />. The Nelsons proposed they would provide an additional parking space adjacent to the garage. <br /> <br />Planning Commission Minutes <br /> <br />Page 4 <br /> <br />May 22, 1996 <br />