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Item No. 2 (continued) Report of City Manager and Director of Planning 1/31/85 Affidavits of Publication of Notice of Hearing and of Mailing are on file. Planning Director Schroeter referred to the subject report and replied to questions and comments concerning the appeal, noting that the illegal dwelling came to the attention of his office when the present owner asked the Building Department to inspect it to be sure the building met City building code requirements. In response to question, Mr. Schroeter said that parking requirements could be satisfied, if the present two -car garage were shared by the tenant and the property owner /resident. Mayor Br itschg i declared the public hearing open at 8:05 p.m. Joe Scott, 702 Marshall Street, attorney representing Mrs. Carney Chambers and her son, Joe Mason, owners of the subject property, said that the property was purchased in February 1984 from a Mr. Bozo Calavo who represented to them that the second dwelling on the property was legal which was also confirmed by the realtors involved from Taylor Properties. The owners learned it was not legal, when they requested the City Building Department to inspect it. Mr. Scott introduced the neighbors from the adjacent lot who live next to the illegal dwelling, stating that they have no objection to it and are present to support Mrs. Chambers' appeal. Mr. Scott distributed photographs of the property to indicate that it is not an eyesore in the neighborhood. In response to question, Mr. Scott stated that while his clients have causes of action against the former property owner and the real estate agents involved, such suits are lengthy and his clients like the property and want to keep it. He suggested that Mrs. Chambers would be willing to share the garage apron with her tenant. Mayor Britschgi invited anyone else present who wished to speak to do so. No one wished to speak. M /S: Bury /Stangel to close the public hearing. Carried unanimously by voice vote and public hearing closed at 8:20 p.m. M /S: Rhodes /Bury to reverse the decision of the Zoning Administrator and to grant the appeal for a variance to allow an illegally constructed dwelling to remain with substandard conditions at 710 Lincoln owned by Mrs. Carney Charmers with the following conditions: 1) that in the present two -car garage and apron, one garage space and the apron in front of it be assigned to each of the two dwelling units; and 2) that the fence in the front 15 feet of the property not exceed three feet in height. In response to Schroeter said second dwelling City Attorney Schricker's inquiry for the record, Mr. that it is his understanding the motion would validate the as an accessory building on the property. Reg.Mtg. 3/4/85 Page 3 MINUTE BOOK NO. 45 Page No. 290