09-26-1989 PC MIN - Laserfiche WebLink

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Planning Commission Minutes September 26. 1989 . Mrs. Andrew Horvath of 1141 Nile Lane was in agreement with Mr. Ragen and Mr. Houlton that this would lower the land values. Mrs. Horvath felt the use has changed from its original intent. Kirstin Clouse of 1135 Main felt uncomfortable with the situation because of the occasional harassment of neighbors by the motel tenants. Randy Clouse did not feel comfortable with what Mr. Wa1d was proposing. Chairman Kimball closed the public hearing. Steve Rohlf. Building and Zoning Administrator felt the use had intensified since it was originally grandfathered in. Mr. Rohlf explained that with a variance you can set conditions to assure compatibility as related to the standards of the variance. He indicated he would be willing to give them the expansion so we could put restrictions on it. Mr. Rohlf suggested that if this request is approved. one of the conditions he would like is right of entry with proper notice to inspect the property. Only The fire chief has the right of entry under fire code violations. . Commissioner Eber1ey questioned the City Attorney on c1arifiction on what basis this expansion or variance must be measured. Is this only a question of the four standards for the expansion of a non conforming use or does the Planning Commission also consider the five standards for granting a variance. Tim Keane. City Attorney. stated that we have four standards for the expansion of a non conforming use. Also. to intensify a non-conforming use. the application must be considered pursuant to the procedures and standards set forth in Section 900.40. which are the variance procedures and standards. Steve Rohlf. Building and Zoning Administrator indicated what your actually looking at is nine standards. four for non conforming use and five for the variance. Mr. Rho1f stated that if you grant this. one of the conditions I would recommend is that staff have the right to inspect the property to see what it is now being used for. and to see if it was intensified. Mr. Rohlf further indicated that he would like to see the number of guest per unit limited. Commissioner Schroeder felt they did not meet the five standards for a variance and making recommendations would be hard to enforce. . Commissioner Fuchs was in agreement with Commssioner Schroeder that if we were to approve this with conditions it would be hard to enforce. Commissioner Fuchs indicated he would like to see this tabled until we can find out what was actually grandfathered in. In addition. I feel we should look at the site to determine if the garage is being used for rental units. Commissioner Fuchs questioned whether the house was actually used as a residence only or do we have units rented out within the house. He further indicated that the police records should be looked at to see what is actually on record to see if this is detrimental to the neighborhood. 5.