07-22-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 22, 2015 The City Planner reviewed his July 17, 2015 report relative to the Roger Berres appeal of an administrative ruling in which his request to re -occupy 2955-2957 Arcade Street as a two-family structure was denied. The Planner explained the history of the Single -Family (R-1) District which allowed duplexes by Conditional Use Permit for a short window of time during the early 1980's. When that provision was removed from the Code in the mid -1980's, the result was that any duplexes established in the R-1 District became legal non -conforming uses. The Planner noted that a Conditional Use Permit was granted on October 28, 2981 for the duplex at 2955-2957 Arcade Street. The Planner further pointed out that legal non- conforming uses of this nature are allowed to continue provided the use does not lapse for a period of one year or longer. The duplex use at 2955- 2957 Arcade Street lapsed sometime in 2012, and the Planner noted that the water service was turned off to 2955 Arcade Street in December of 2012. At that time, the property owner, Roger Berres, verified that both units (2955 and 2957 had been unoccupied for a period of 6 to 8 months. The Planner reported that on June 30, 2014 the City Administrator notified Mr. Berres that the two-family use had been discontinued for more than a year and that the subsequent use of this property would need to be in compliance with applicable zoning regulations. Mr. Berres is now appealing that administrative decision. The Planner then reviewed the appellant's arguments that because the structure was 50% occupied during the period in question, the use was not discontinue whose arguments are summarized in the Planner's July 17, 2015 report. The Planner noted that given there are few similar situations in the City, any decision that the Board of Adjustment and Appeals makes will not have a broad impact. The Planner suggested that any decision that the Board makes should be supported by findings. The Planner also suggested that if the Board approves the re-establishment of the duplex, then some conditions should be required so that the duplex meets building code and is operated in compliance with the City's rental housing ordinance. Roger Berres appeared before the Board and indicated that he purchased the property in 1988 as a duplex, and he has held onto this property as part of his retirement plan. Berres reported that the reasons that the duplex was empty were beyond his control and he would like to again operate the property as a duplex. Berres reported that he would bring the structure up to Code and would follow the City's ordinances. Montour asked if Berres occupied one-half of the property. He also asked if Berres had the funds to bring the structure up to Code. Berres reported that he does live in half of the structure. He further reported that he has the funds he received from a water damage claim a few years ago that he 7