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HomeMy WebLinkAboutMOUNTAIN PARK HOMES - CHANGE OF NON-CONFORMING USE - 37-88 - DECISION - MINUTES/NOTESPage 8 E PLANNING AND ZONING BOARD MINUTES MAY 23, 1988 MOUNTAIN PARK HOMES - CHANGE OF NON -CONFORMING USE Sherry Albertson -Clark gave the staff description of the project. David Herrera stated he had asked for a change of a non -conforming use. He commented presently the site is a mobile home park with one home on the land. He suggested the present use is not appropriate. He informed the proposal is to redevelop the land into high density residential housing. Sherry Albertson -Clark stated the site plan was designed with the three variances in mind. The variances are: 1. reduce the required parking lot setback along Mountain from 10 ft. to 7 ft. behind the sidewalk; 2. reduce the required number of parking spaces from 41 to 28 (based on one vehicle per unit, opposed to 1.5 per unit); and 3. reduce the amount of required interior parking lot landscaping from 436 sq. ft. to 210 sq. ft. She commented in reviewing a non -conforming use change the criteria are as follows: 1. nature of proposed expansion, 2. size of proposed expansion; 3. difference in the degree of use of the non -conforming use as a result of the proposed expansion; 4. reasons for the proposed expansion; and, 5. overall impact of the proposed expansion on the surrounding property. Member Kern asked for the definition of elderly and inquired if the housing was restricted to the elderly. Mr. Herrera stated elderly is defined as individuals 62 years or older. He informed the proposal did not provide for family housing in an elderly devel- opment. Member Kern inquired what would happen if an 80-year old were to have a 20-year old spouse. Would they be able to live in this housing. Mr. Herrera stated in this case alternative housing would be found. Page 9 . a Member Brown inquired if non -elderly handicapped would be allowed in the housing. Mr. Herrera stated the project is designed for independent living. Member Crews inquired if there would be income restrictions. He also was concerned about the parking. Mr. Herrera stated there would be income restrictions and a limited number of cars allowed. Chairperson O'Dell inquired who would take care of the walks and mainte- nance. Mr. Herrera stated there would be a maintenance crew with the necessary equipment to handle these things. Paul Eckman informed the Code states in considering a change to a non- conforming use the Board shall make findings as to whether or not the use is more compatible to the surrounding area than the existing non -conforming use. Member Crews moved to approve the Mountain Park Homes -Change in a Non - Conforming Use based on the findings that this change in a non -conforming use will be more compatible than the previous non -conforming use; and, based on the understanding that elderly is anyone over 62 and that children are not allowed to live in the development. Paul Eckman stated he assumed by Member Crews' motion that all residents have to be 62 years or older. Member Crews stated at least one individual has to be 62 years or older. Chairperson O'Dell inquired about handicapped non -elderly people. Member Crews stated he was restricting his motion to elderly individuals based on the parking restrictions. Member Kern seconded. Chairperson O'Dell inquired if this was acceptable to Mr. Herrera to restrict the housing to elderly. Mr. Herrera stated this is a housing policy decision for non -elderly handicapped individuals to reside in the housing. He commented he would like to keep the housing to the elderly. Member Kern inquired in what way does the site become less compatible with the use. He stated there may be a need for more flexibility. Mr. Herrera commented on the parking issue. He stated he would file cove- nants to restrict the number of vehicles a resident could park. Within the lease, restrictions would state that only one vehicle would be allowed per household. He stated this would constrain any future use of the property. Page 10 • • Member Edwards asked Member Crews and Member Kern to make a clarifica- tion as to the word elderly. Member Crews stated at least one resident would have to be 62 years or older, but not both. Paul Eckman restated the motion: . . .at least one person of 62 years or older, but not both, no children allowed to reside in the units, and spouses or friends can reside in unit no matter what their age. Chairperson O'Dell stated that was the intent of the motion. Paul Eckman inquired if the lease restriction of one vehicle per unit would be included in the motion. Member Crews stated this was acceptable to him as the motioner. Chairperson O'Dell stated she did not support the motion. She commented the project is a great development but did not like the motion. She indicated she would like to see the State Housing Authority decide who would reside in the units. Motion denied 4-2. Chairperson O'Dell requested that a positive motion be made. Member Edwards moved to approve the Mountain Park Homes -Change of Non - Conforming Use, based on the findings that this change in a non -conforming use will be more compatible than the previous non -conforming use, and that the age and non -elderly handicapped residents be left to the decision of the housing authority. Member Klataske seconded. Member Kern stated he does not object to the intent of the proposal but he does not like the additional factor added into the decision at this late date. Motion passed 4-2.