4/28/1992 - Laserfiche WebLink

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APR 2 8 1992 ROOK F,. Commissioner Bird noted that this type of staff appeal is a rare exception and hoped staff continues to use discretion. He felt reluctant to overturn a P&Z decision because it is impossible to duplicate the presentation of the same facts at a presentation to the Board, and he relies on staff to use restraint. Community Development Director Bob Keating assured the Board that this matter would not have been appealed if*it did not have policy implications as referenced by Mr. Boling. Commissioner Bowman understood that the applicants would be permitted to build a house around the existing house and thought that could be a solution. Then later on, when the density increases as development begins moving out, they could subdivide the lot and have another building lot. - Director Keating agreed. He mentioned that staff, along with the Affordable Housing and the Professional Services Advisory Committees have discussed proposing a provision in the LDRs to allow a secondary unit smaller than the first one on a lot, but that is not in effect at this time. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Attorney Bruce Barkett, representing applicants Doris Jackson and Mike Loudermilk, asked the Board to deny staff's appeal of the Planning and Zoning Commission's decision. He clarified, and Director Keating confirmed, that when Commissioner Bowman said they could build around the house, she was referring to the older house; they could not build around the mobile home. Mr. Barkett maintained that the applicants are just attempting to better themselves and make a better life for their children. Using the graphics, he demonstrated the relationship of the two homes on the parcel along with a garage/storage shed and a grove. In answer to Chairman Eggert's question, he responded that the property has unity of title. Mr. Barkett argued that replacing this mobile home with a site -built home is not a big policy -changing apparatus because if this question ever comes up again, the Board will make a decision on a case-by-case basis. Commissioner Wheeler asked whether they could sell the house after they build this new structure, and Mr. Barkett replied that they could not because they could not split the lot. Chairman Eggert pointed out that the lot could be split if there is a change of zoning. Attorney Barkett agreed that zoning is not a permanent situation, but the family is in a position 56