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TO: <br />FROM: <br />#45Planning Commission and C^^uncil <br />Jeanne A. Mabusth, Asst. Zoning Administrator <br />oo <br />DATE:February 21, 1979 <br />SUBJECT: #458 Richard Oliver, 3898 Cherry Avenue <br />CONDITIONAL USE PERMIT <br />WORK SESSION <br />The garage and guest apartment at 3898 Cherry Avenue was damaged by <br />fire on February 3, 1979, We have been Informed that the apartment <br />was rented to a Jim and Cindy Poulton. The renting of an apartment <br />in a residential zone is a violation of the Zoning Code Section 34.027. <br />34.827 Guest Houses A separate dwelling constructed on an <br />existing undivided lot for the sole use of the occupants of <br />the principal buildings, including their domestic employees <br />or their non-paving guests. All regular lot requirements <br />shall be met by the guest house. <br />Mr. Oliver has been Informed of the violation and because of this. <br />staff has advised him to apply for a conditional use permit. Please <br />note, staff did not base their action on percentage of damage done <br />to original structure. The house is in the process of being sold <br />and the guest apartment was considered in the overall sale price. <br />Mr. Oliver and the new owner must be made aware through the <br />Conditional Use Permit that this cannot be a rental unit. The <br />City cannot allow him to reconstruct the apartment until the <br />application is completed. <br />Please note Section 32.250 of the Zoning Code: <br />32.250 Occupancy Certificate Required for Non-Conforming Use <br />Application for such occupancy certificate for all lawful non- <br />conforming uses or buildings created by the adoption of the <br />Zoning Code shall be filed with the Zoning Administrator by <br />the owner or lessee by January 1, 1976. The Zoning Administrator <br />shall approve a certificate of occupancy for a non-conforming use. <br />Failure to apply for such occupancy certificate shall be prima facie <br />evidence that such non-conforming use was either illegal or did <br />not lawfully exist on January 1, 1975 (the effective date of this <br />Zoning Code), (Ord. 172, 12-19-74, effective 1-1-75) <br />This reaffirming the City's right to require the applicant to file <br />for a conditional use permit even though this use existed before <br />January 1, 1976. The address file has no record of a occupancy <br />certificate ever being Issued. <br />)i <br />j