Agenda Packet 9-24-18 Meeting - Laserfiche WebLink

Home Browse Search

Exhibit A Page 4 - REPORT AND RECOMMENDATION OF THE CITY MANAGER However, despite the dwelling size restrictions imposed by EC 9.2751(18)(a)3., staff has determined that a 462 s.f. one-family would be legal and practicable to build and occupy. As Planning staff point out, while EC 9.2751(18)(a)3.prevents claimant from building a 1,200 s.f. one-family dwelling,EC 9.2751(18)(a)3.does not foreclose the Claimant from developing a one-family dwelling. The Claimant argue that her use of the property is restricted because prior to EC 9.2751(18)(a)3., the dwelling she desires to build could be 1,200 s.f. (or larger) and now it cannot exceed 462 s.f. However, Measure 49 requires that a landuse regulation restrict a residential use and as noted above,EC 9.2751(18)(a)3.does not prevent the residential use of the property generally, nor does it prohibit Claimant from establishing a one-family dwelling on the subject property. Paul Conte and Bill Aspegran have also submitted testimony into the record arguing that EC 9.2751(18)(a)3.does not restrict the use ofClaimant's property. Because the Claimant can still place a one-family dwelling on the subject property, the City Manager concludes that EC 9.2751(18)(a)3. does not restrict the residential use of Claimant's property as required by Measure 49. September 24, 2018, Meeting - Item 3