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r-- Commissioner Arkin noted that the addition was illegally constructed in 1990 and inquired if the City code enforcement did not notice the structure then. Mr. Iserson replied that the City does not typically look for violations unless complaints are received. Commissioner Arkin indicated that he was in favor of granting all the necessary variances to retain the existing use, requiring the applicants to upgrade the structure in terms of the health and safety issues mentioned in the staff report. Commissioner Fox stated that she was also in favor or granting the variances, noting that the applicants did not build the accessory structure and did due diligence by talking to the Building official and trying to get some agreement from the City to have the structure grandfathered in. She indicated that the accessory structure was well designed and would like to retain the second unit with the condition that it be brought up to Code. Commissioner Sullivan agreed with Commissioners Arkin and Fox and indicated that he can make all the required findings for the variances and that the applicants were not being granted a special privilege by allowing them to keep the building that they bought and tried to bring up to code. He added that there were benefits to having second-story second units in the Downtown and that he would like to consider this issue as part of the General Plan Update. Ms. Nerland advised the Commission that there were two other findings on the second _ unit variance that had to be made regarding special circumstances applicable to the property, which, when strictly applied would deprive the property of privileges enjoyed by other properties in the vicinity; and that the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, with the caveat that the structure would be upgraded to meet the code. Commissioner Sullivan indicated that he could make those findings as well. Commissioner Sullivan moved to make the required variance findings as listed in the staff report and to approve PV-98/PADR-932, subject to the conditions listed in the staff report and as discussed by the Commission, with modifications deleting Conditions Nos. 3, 4, 5, and 9 which would allow a second unit on the second floor, delete the requirement for stained glass windows on the front elevation, and delete the condition to remove the window on the rear elevation; and to also approve the applicant's alternative plan to demolish the existing structure and replace it with a one-story structure if they decide not to upgrade the existingtwo-story structure. Commissioner Fox seconded the motion. PLANNING COMMISSION MINUTES July 28, 2004 Page 17 of 19