PC 12/11/1991 - Laserfiche WebLink

Mr. Davis commented that he felt he still has the right to have a secondary unit and the right to rent it, if he chooses to do so. The Commission agreed that he does have that right, if the required land use permit findings can be made. Commissioner Michelotti questioned Mr. Davis about the quantity of off-street parking for a secondary unit. Mr. Davis said he can provide this. THE PUBLIC HEARING WAS CWSED. Commissioner Hovingh pointed out that the law supports such requests as the applicant's in order to provide affordable housing. Technically, the applicant is within his rights. Regarding who lives at the applicant's house, no one has a right to question this. In addition, he said he could not equate people who rent with criminal activities. He said he could support the applicant. Commissioner Michelotti agreed with the above comments. She would like to add some conditions that would discourage any business or activity not allowed by the exempt home occupation, but that this non-compliance is another matter not related to this application. She felt the activities have been curtailed, but that Mr. Davis should understand the neighbors' concerns. Since the findings can be made, she had no choice but to approve the application. Chairman Mahem said she disagreed with both Commissioners Hovingh and Michelotti. Normally she would be inclined to support the provision of affordable units; however, even though the applicant is within his rights, she felt he also had responsibilities to be a good neighbor. She has spoken to the neighbors about the situation, and feels that as he has been irresponsible in allowing inappropriate behavior and activities to take place on his property, that he would not be responsible if he might rent out the unit to someone else. She stated she could not make Finding "B" and could not support the application. Commissioner Wright also could not support the application. He felt there would be parking problems should a second unit be allowed, especially if it were rented to an elderly person. He had gone to the location and had difficulty fmding a parking spot and felt that with five other people on the court that situation would be worsened with another unit. He could not make the fmdings and could not support the application. Commissioner Horan expressed concern that the second unit might be rented without an expressed purpose. The applicant has stated he has no intention at the present time to either rent it or live in it. Discussion ensued between Mr. Beougher and the Commission. Mr. Beougher said the law states that a person does not have to state a purpose in applying for a second unit. Whether he is carrying on a business not covered under his occupational exemption is an enforcement issue and can be referred to the Enforcement Officer, Joe DeTata. Minutes Planning Commission December 11, 1991 Page 9