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1997-12-10 Town of Truckee ZONING ADMINISTRATOR MEETING December 10, 1997 2:00 P.M. Truckee Donner Public Utility District Board Room 11570 Donner Pass Road, Truckee, California MINUTES CALL TO ORDER. The meeting was called to order at 2:05 p.m. PUBLIC COMMENTS. None. APPROVAL OF MINUTES. 3.1 November 26, 1997 - Regular Meeting Zoning Administrator Tony Lashbrook approved the November 26, 1997 meeting minutes. PUBLIC HEARINGS. 4.1 97-100/CUP (Conditional Use Permit); Carl Granger, owner/applicant; Staff Planner, Gavin Ball. Applicant Carl Granger was not present. Neighbors Cai and Eileen Boyes were both present. Mr. Ball presented a brief staff report and history of the property. He mentioned that three letters in opposition of this project were generated from the public notice. Zoning Administrator Lashbrook clarified that the second dwelling unit was on the bottom floor and Mr. Ball confirmed. Mr. Lashbrook opened the public hearing. Mr. Cai Boyes, second home owner at Donner Lake since 1970, explained that he notified Nevada County and the Town of the illegally built and established second unit, and stated that nothing was done to stop the use of this second dwelling unit. He pointed out that all lots in this area are approximately 5,000 s.f. with steep slopes allowing owners to fill in the unfinished floors below with second units. The roads are one lane wide with few fire hydrants and are not wide enough for even Nevada County standards. He mentioned there were 4 to 5 similar uses in this same area, and he expressed concern that approval of this request would open the door for Mr. Granger and the rest of these illegally established units with others following suit. He requested that the RI zoning be retained, and that second units should be built in those areas zoned for multifamily residential. Mrs. Boyes asked about the distance from the subject property line for surrounding property owner notification of this and other projects, and Mr. Ball answered 300 feet is the standard requirement. Mr. Lashbrook pointed out that one year ago a full code enforcement program was established, and there were approximately 30 to 40 cases opened on illegally established second units within the town. He explained that the reason for non-compliance of these second units was primarily due to the difficulty of owners meeting the parking requirements and the fees associated with second units. The current code enforcement options are to permit the use or to cease the use. He added that the policy direction from the Town Council was to promote second units to accommodate the affordable housing needs within the town and to avoid building large multifamily projects. He stated that the biggest issue with this project were the narrow roads with the lack of snow storage areas and the lack of written road standards. He commented that as the zoning standards are revised, staff should think about this issue and take into consideration future road standards for second units. The Boyes further expressed their concern with the accessibility to the parking area, snow storage, fire truck and ambulance access with the narrow roads, and the approval of an illegally established second unit destroying the quality of the single family residential neighborhood. Mr. Ball added that two parking spaces are required for the second unit and two parking spaces for the single-family residence. Because one of the parking spaces for the second unit is located in the main parking area, a connection must and does exist between the second unit and this parking area. Whether or not this access is actually used is unknown, but this could be made a condition of approval for the project. He pointed out that second units are allowed in all R1 zones with a conditional use permit, but some areas have CC&R's which say otherwise, and providing affordable housing was a conununity responsibility. He added that the primary residence has to be occupied by the property owner as the primary occupant, and that both units cannot be rented out. Mr. Lashbrook stated that this site had more parking than the other units in this area, and if the parking area was shoveled and plowed, there was adequate parking for this use. He also stated that parking was important on Reed and Donner Pass Road for emergency access, and he suggested adding language to Condition 8 not to block traffic on Donner Pass Road. Mr. Ball added that if this condition is violated, the town can revoke the use permit. Mr. Lashbrook pointed out there was no mechanism for punitive punishment saying a pemfit cannot be granted to make an illegal use legal, and the Town's major goal was to achieve compliance. Mr. Lashbrook closed the public hearing. Mr. Lashbrook closed by stating that a tourist economy has the mechanism to maintain open space areas, but the downside is the need for employees of the tourist trades to have Zoning Administrator Meeting December 10, 1997 Page 2 affordable housing. The options for affordable housing are big apartment complexes or higher density housing areas providing second units. The General Plan says to pursue both options equally and his decision on this project does not affect any future decision. Zoning Administrator Lashbrook stated that the second unit meets the standards, and approved Conditional Use Permit Application No. 97-100, with a change to Condition of Approval No. 8 adding language stating that the owner would be in violation of the conditional use permit if vehicles blocked the travel way. Mr. Lashbrook noted that his decision was based on written and established standards and was subject to appeal to the Town Council. 5. ADJOURNMENT. The meeting was adjourned at 2:45 p.m. By: Respectfully submitted, TONY LASHBROOK Community Development Director Kell~'~l~, .~inistr~ttive Secretary Zoning Administrator Meeting December 10, 1997 Page 3