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38 <br /> <br /> Mr. Davis clarified that he never had a business at that <br /> address. He was in the spa business in 1977, moved to Sea Eagle <br /> Court in 1978, and sold his business in 1988. He admitted in the <br /> past he had sales from time to time and brought the spas that he <br /> didn't sell to his home and stored them in the back. He claimed <br /> that there had been no complaints about him for the last five <br /> years. He stated that he met the requirements for the use permit <br /> and felt this application should be granted. <br /> <br /> There being no further testimony, Mr. Mercer declared the <br /> public hearing closed. <br /> <br /> Mayor Mercer asked Fire Chief Withers if there was an <br /> emergency, would the Fire Department be able to access that <br /> location? <br /> <br /> Chief Withers responded that there was no problem from the <br /> Fire Department. The distance of 150 feet of hose is the standard <br /> length on the Department's attack line. <br /> <br /> Ms. Mohr asked if the size of the structure met all of the <br /> City's building codes. <br /> <br /> Mr. Rasmussen answered yes. <br /> <br /> Mr. Tarver asked what would happen to this conditional use <br /> permit if the issue of parking was not adhered to. He also asked <br /> if there was a possibility of adding a condition regarding <br /> alleviating potential noise. <br /> <br /> Mr. Rasmussen replied that the item would go back to the <br /> Planning Commission upon the request by neighbors or by staff if <br /> the conditions of the use permit were violated. He stated that <br /> there could be a condition about noise added to the use permit but <br /> that it would be difficult to mitigate the sound of traffic along <br /> the driveway next to the house located to the right. <br /> <br /> Ms. Mohr stated that they were operating under the state <br /> guidelines with respect to "granny flats". She asked what the <br /> maximum square footage could be for a "granny flat". <br /> <br /> Mr. Rasmussen responded that for an attached unit it was 30% <br /> of the size of the existing dwelling and for a detached unit it was <br /> 1200 square feet. <br /> <br /> Ms. Mohr commented that the state adopted the "granny flat" <br /> concept in an effort to encourage affordable units and also as a <br /> means of legitimizing ones that were built without permits. She <br /> felt that there was no reason based on the City standards to deny <br /> this item. She concluded that the complaints that have been made <br /> by the neighbors seemed to be enforcement issues. <br /> <br /> 1/21/92 <br /> 6 <br /> <br /> <br />