This action is approved.

PLANNING ACTION 2004-093
REQUEST FOR A CONDITIONAL USE PERMIT TO PERMIT APPROXIMATELY 375 SQUARE FEET OF THE EXISTING STRUCTURE TO BE USED AS AN ACCESSORY RESIDENTIAL UNIT (ARU) FOR THE PROPERTY LOCATED AT 731 WALKER AVENUE.
APPLICANT: JONATHAN LANDES

This action is approved.

Site Visits and Ex Parte Contacts - Site visits were made by both Commissioners.

STAFF REPORT
Goldman said a letter was submitted requesting a public hearing to discuss this action. In consideration of that letter, Staff initially scheduled this action as a Type II hearing. He gave the history of the property as outlined in the Staff Report. The applicant is requesting to convert the 440 square feet of the existing non-conforming structure into an accessory residential unit. The Terrace Street right-of-way extends either to the building or the building may encroach one foot onto the Terrace Street right-of-way. Though there are three parking spaces on-site, it is clear that the residents could park on Terrace Street. The neighboring property owner has brought up his concern that parked cars on Terrace can obstruct the view and pose a safety hazard. It is Staff's view that this road is not distinguished in any way from other residential streets that have on-street parking. There have been three accidents that have occurred at this location since 1991. The applicant has had personal experience and knows the hazard exist. There is an average of 600 vehicle trips per day. Staff believes there is adequate capacity to accommodate the additional vehicle trips and the location is appropriate for on-street parking.

Staff has suggested some design elements. If approved, the applicant would be in a position to install a pedestrian connection to Terrace Street. Staff would recommend the pedestrian connection and a mailbox to be located along the northern portion of the frontage as a deterrent to parking immediately adjacent to the property owner to the north.

Staff is recommending approval of the application with the attached eleven Conditions of approval. Staff sees the re-use of the non-conforming structure as a benefit to the community as a whole keeping with the goal of providing accessory residential units.

PUBLIC HEARING
Doug Sierka, 307 Hillcrest, said their intent from the beginning was to live in the existing structure while they constructed their own house on the property and then possibly rent the existing structure. The structure has been there since 1920. It is 14 feet from the curb. He recently found out there is a 15 foot easement from the curb. The structure is a desirable, affordable rental.

Roy Bashaw, 292 Terrace Street, lives next door to the said property. The small structure was there when they built their home. It was vacant for some time and then the owner occupied it. The structure has no building setback. The reason for a setback is that you can see up and down the street. In 1990, they were involved in a vehicle accident while entering onto the street.

Neither the lot nor the dwelling has been used for an accessory dwelling. The proposal must conform to the overall setback requirements of the zone. In order to grant a CUP, you have to find the proposed occupancy of the accessory dwelling unit conforms to the setback requirements of the zone. If you can't make that finding, a CUP may not be granted. He believes it is quite possible this is a problem. He would like them to consult with the City Attorney because it could affect some future matters that they may consider. There is going to be a safety concern and an anxiety problem in getting out of their driveway. It affects their livability.

Lucy Bashaw, 292 Terrace Street, referred to page 4, paragraph 3, of the Staff Report. She does not believe there is any "unique visual impairment". She is careful to keep shrubs cleaned back so they have a clear view. It does affect their livability. The built building is not compatible with the other built buildings on Terrace Street. He does not believe the size and architecture are compatible with the neighborhood. She was concerned there are no sidewalks until reaching Gresham Street. It is not a particularly safe place to walk.

Staff Comments
Molnar said he spoke with Mike Franell, City Attorney. If the structure is slightly encroaching into the right-of-way, Franell wanted Staff to see if Public Works or Planning had a concern. The City might have a greater liability if the structure is a residence with someone living there than if it is a shop building. In checking with Public Works, the 15 foot right-of-way is large compared to what would be required today. The only other improvement we would ever consider on that street would be a sidewalk. With the grade drop-offs from Terrace, we wouldn't have a planting strip, and only a five foot sidewalk.

Rebuttal
Sierka said with regard to the parking, a neighbor across the street suggested the curb could be painted yellow on the north end of their lot. Or, they could put mailbox on the north end. They will try to address the neighbor's concerns. He is in agreement with the design features that were suggested.

COMMISSIONERS' DISCUSSION AND MOTION
Briggs noted Condition 7. Staff suggested the walkway be as far away as possible from the north end. Briggs could envision the walkway closer to the south end and closer to the front door. She would rather get out of a car closer to the walkway. Goldman reworded Condition 7 to read: "That the walkway extending to Terrace Street shall be located at least 25 feet from the north property line."

Briggs believes it is very important we provide affordable dwellings wherever we can.

Briggs/Dotterrer m/s to approve PA2004-094 with the attached Conditions and the change to Condition 7.