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From YouTube: City Council Study Session 04 Sep 2018
Description
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/53455?handle=3B99F6C0FC6340C0B429867625F7542A
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/53454?handle=EB5CBABFBA7D49A6823EA76F1320D727
I. Accessory Dwelling Unit (ADU) Qualification and Owner Occupancy Enforcement Process
a. Planner II John Voboril will be present to discuss Accessory Dwelling Unit (ADU) Qualification and Owner Occupancy Enforcement Process.
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/53455?handle=3B99F6C0FC6340C0B429867625F7542A
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/53454?handle=EB5CBABFBA7D49A6823EA76F1320D727
B
B
C
B
A
B
F
G
I
B
A
A
Right
we'll
bring
this
angle
with
City
Council
study
session
to
order
it's
a
6:00
p.m.
on
Tuesday
September
4th,
and
we
are
all
here-
councilmember
wink
R.
We
have
one
agenda
item
tonight
and
that
is
the
accessory
dwelling
unit,
qualifications
and
owner
occupancy
enforcement
process,
and
tonight
we
have
planner
John
beau
Burrell,
who
will
help
us
walk
through
many
pages
that
we've
seen
before
some
new
ones,
and
our
purpose
tonight
is
to
come
to
some
kind
of
consensus
about
how
we
want
to
move
this
forward
or
not.
A
H
B
H
That
took
place
after
the
Adu
town
hall
meeting
in
late
May
and
the
concerns
that
we
had
at
that
time
were
that
there
was
a
request
by
counsel
to
see
the
actual
codified,
Adu
ordinance
in
writing.
In
conjunction
with
a
future
study
session.
There's
also
a
council
request
to
see
details
of
how
the
city
will
administer
the
ATU
ordinance
and
enforce
the
owner
occupancy
requirements,
and
finally,
council
also
had
a
question:
how
does
the
proposed
Adu
ordinance
compare
with
the
ad
regulatory
practices
of
other
cities
and
counties.
H
B
H
On
those
and
that
we
can
go
back
and
do
a
round-robin
and
evolve
countless
questions
and
then
follow
that
up
with
conversations
about
how
we
would
like
to
move
forward
planning,
Zoning
Commission
started
the
with
an
eighth
model,
Adu
zoning
ordinance,
which
they
then
proceeded
to
modify
and
through
best
practices,
research
as
well
as
England
values,
the
five
they
came
up
five
purposes
for
a
to
use.
These
are
the
principles
on
which
they
base
the
ordinance
number.
What
options
for
varied
and
flexible
lifestyle
arrangement
to
provide
options
for
alternative
building
structures
in
living
space?
H
The
thing
that
struck
me
about
the
Adu
town
hall
meeting
was
the
testimony
that
we
received
for
many
of
the
participants
lined
up
very
closely
with
these
five
purposes
of
ad
use.
We
had
some,
ladies,
that
were
nearing
retirement
that
were
said
that
they
were
counting
on
this
edu
ordinance
in
order
to
provide
them
some
supplemental
income
to
retire.
They
felt
they
didn't
they
couldn't
they
wouldn't
be
able
to
retire
here
in
this
community.
Without
that
supplemental
income
helping
to
build
stir
their
social
security
income.
H
We
also
heard
from
a
number
of
different
people's
who
would
like
to
care
for
their
parents
Aging
in
place,
as
well
as
some
people
who
are
planning
for
their
time
when
they
will
need
caregivers
and
they
are
planning
to
build
space
so
that
they
can
hire
a
caregiver
so
that
they
could
age
in
place
and
recently,
I
just
had
a
phone
call
from
a
gentleman
checking
in
on
the
city
ordinance.
Who
was
you
know
needing
a
place
for
their
parent
and
they
they
need
some
kind
of
care.
H
H
The
accessory
dwelling
unit
owner
occupancy
requirements,
the
owner,
must
occupy
the
primary
structure
or
Adu.
The
owner
must
follow
deed
restriction
that
precludes
running
both
the
primary
structure
and
the
Adu.
At
the
same
time,
owner
must
verify
annually
that
he/she
continues
to
occupy
one
of
the
two
units.
As
our
legal
permanent
address.
Through
the
city's
annual
edu
mailing
process,
the
owner
must
reside
on
the
property
for
a
minimum
of
nine
months
a
year,
the
owner
leave
of
absence
requirements.
H
Owners
may
apply
to
the
city
for
extended
leave
of
absence
due
to
the
following
temporary
job
assignments,
military
deployments,
educational
and
research,
sabbaticals,
formal
voluntary
service,
religious
missionary
service,
long-term
hospital,
nursing,
home
and
assisted
living
stays.
The
owner
must
reside
in
the
subject
property
for
at
least
one
year
after
construction.
The
ad,
before
applying
the
owner
may
apply
for
a/c
approved,
leave
that's
up
to
one
year
during
the
prove
leave
absence
the
owner
may
rent
both
the
principal
dwelling
unit
and
the
accessory
dwelling
in
at
the
same
time.
H
I,
have
this
slide
for
accessory
dwelling
it
design
about
in
the
interest
of
time,
I'm
not
going
to
go
through
all
this.
But
if
you
have
questions
on
any
of
this,
please
feel
free
to
ask.
Once
we
get
through
the
presentation.
A
map
of
England's
historic,
a
to
use
reveals
certain
patterns.
Typically,
the
historical
ad
years
were
clustered
within
a
quarter
mile
of
the
Broderick
corridor
and
with
a
mile
walking
distance
of
downtown
Englewood
they're,
often
found
within
the
city's
comprehensive
plan
and
limited
transition
areas.
H
Typically,
they
are
located
in
areas
with
alleyways,
relatively
few
historic.
A
to
use
were
found
in
the
r1
and
R&B
zone
districts
and
they're,
relatively
absent
from
commercial
zone
districts
and
based
on
those
patterns.
The
plan
Zoning
Commission,
recommended
the
MU
r3
be
mu.
R
3a
are
to
be
our
2a
and
r1
c
zone
district
or
new
accessory
dwelling
units,
and
this
map
shows
those
areas
that
are
colored
in
brown,
orange
and
yellow
as
the
areas
where
we
would
permit
new
accessory
drug
units
to
be
constructed.
H
The
map
is
overlaid
with
the
historical
locations
of
the
historic
ad
use
in
Englewood,
and
you
can
see
that
they
are
clustered
along
that
Broadway
corridor
and
not
too
many
are
found
outside
of
those
colored
areas.
Oh
and
then
I
just
want
to
make
a
comment
also
that
we
had
in
the
ad
you
open
houses.
We
had
70
property
owners
who
indicated
they
would
like
to
construct
ad
use
and
the
vast
majority
of
those
property
owners
owned
property
within
the
yellow
area,
which
is
zoned,
r1
C.
H
Now,
let's
get
into
the
meat
of
the
presentation,
the
accessory
dwelling
unit,
qualification
process,
an
owner,
occupancy
enforcement
application
application
fee
of
$500
covers
administrative
costs
of
conducting
the
property
maintenance
code
inspection.
The
city
may
elect
contact
inspection
of
the
house
itself
through
staff
or
hire
a
private
home
inspector.
The
applicant
must
remedy
all
cinema
code
deficiencies
before
being
granted
and
Adu
construction
permit,
allowing
an
Adu
to
be
constructed
on
a
poorly
maintained.
Single-Family
property
is
not
in
the
best
interest
of
the
city
or
surrounding
neighbors
plant.
H
Some,
an
old
deed
restriction
filing
at
time
of
ATU
final
building
permit
approval.
The
applicant
must
sign
the
ATU
deed
restriction
that
requires
the
owner
occupancy
residency
in
order
to
be
able
to
rent
either
the
primary
or
ATO
structure.
We
need
to
know
the
staff
record
as
a
signed
deed
restriction
with
the
Arapahoe
County,
Clerk
and
recorder.
H
H
H
Each
September
county
assessor
records
will
be
checked
for
new
sales
and
owner
names
and
the
annual
conforming
accessory
glowing
it
registration
form
will
be
mailed
out
to
the
ATU
database
listings
and
property
owners
will
have
a
60-day
window
to
return
the
signed
and
for
David
of
owner
often
see
with
two
copies
of
proof
of
residency,
and
these
two
copies
come
from
two
different
groupings:
there's
the
registration
grouping,
which
is
vehicle
registration
driver's
license
registration
and
voter
registration.
You
have
to
have
one
copy
of
from
either
one
of
those
three
or
then
there's
the
financial
grouping.
H
You
also
have
to
have
a
one
copy
from
that,
and
that
includes
your
credit
card
bill
bank
statement,
mortgage
bill
and
property
tax
statement.
One
from
that
group
as
well
and
an
alternative
that
we've
proposed
to
the
mail
and
restoration
is
in-person
registration,
be
very
similar
to
the
mail
and
restoration,
but
instead
they
would
required
to
come
in
to
the
Community
Development
Office
in
person,
with
their
two
forms
of
identification
and
residency
proof
of
residency
and
then
have
their
signature
witnessed
by
a
notary
public
which
we
do
have
at
our
Community
Development
Office.
H
Failure
to
register
violation
of
owner
Ocwen
C
requirement
formal
enforcement
process.
So
if
we
have
a
citizen
complaint
about
this,
that
that
somebody
is
not
in
compliance
with
the
owner
occupancy
requirement
or
if
staff
through
their
research
hat,
finds
evidence
of
that
they're,
not
in
compliance
or
if
they
just
fail
to
register.
This
is
the
process
that
we
would
go
through
step.
One
would
be
the
public
relations
contact,
and
this
at
this
point
we
have
a
very
flexible
communication
process.
It
could
be
by
in
person
through
a
letter,
phone
call
or
an
email.
H
H
If,
in
that
time
period
that
we
do
not
have
compliance,
then
we
move
on
to
the
step
two,
which
is
the
Notice
of
Violation
notice,
violation.
It's
a
written
notice
is
delivered
by
certified
mail
or
in-person.
It
includes
a
warning
of
the
consequences,
but
at
this
point
it's
still
discretionary
for
the
staff
person
to
set
the
time
period
for
compliance
if,
in
that
time
period
that
the
we
still
don't
have
compliance.
We
move
on
to
step
three,
which
is
the
official
posting
notice.
Social
posting
notice
is
also
written
notice.
H
It's
delivered
by
certified
mail
or
in-person,
or
posting
of
the
property,
includes
warning
of
criminal,
summons
and
complaint,
if
not
in
compliance
within
a
14-day
period
per
code.
So
this
is
not
discretionary
at
this
point.
If,
in
those
14
days,
we
do
not
have
compliance,
we
move
on
to
step
4,
which
is
the
court
summons
and
complaint.
The
offender
is
served
with
mandatory
court
summons
date
and
the
nature
of
the
complaint.
H
H
Initial
fees
and
inspection
requirements
vary
widely.
All
the
communities
rely
most
heavily
on
citizen
complaints,
to
identify
potential,
non-compliant
properties
and
do
not
carry
out
the
annual
registration
processes
that
we
are
proposing.
Most
communities
ported,
very
few
citizen
complaints
and
zero
violations
of
the
ATU
owner
occupancy
requirements.
H
H
The
system
for
regulating
edu
owner
occupancy
requirements
in
English
is
currently
in
place.
You
do
have
the
staffing
in
the
community
development
and
code
enforcement
divisions.
We
have
a
municipal
court
system
right
across
the
hallway
here
that
deals
with
these
types
of
cases
on
a
regular
basis
and
we
do
have
codified
in
the
England
Municipal
Code
general
penalties
in
our
administrative
title
on
section
141
EMC.
H
City
attorney
suggested
amendments
to
strengthen
the
ATU
enforcement
provisions.
The
city
attorney
has
taken
a
look
at
the
Adu
ordinance
for
us
again
and
has
deemed
the
existing
enforcement
and
general
penalty
provisions
of
the
england
municipal
codes
is
sufficient
for
enforcing
the
ATU
owner
oxi
requirements.
H
Per
previous
council
comments
and
for
council
comfort,
the
city
attorney
attorney
has
also
drafted
some
additional
enforcement
and
penalty
language
and
inserted
it
into
the
original
plan.
Zoning
Commission
recommended
a
tu
ordinance
in
order
to
reassure
counsel
that
the
ATU
owner
occupancy
requirements
are
enforceable
and
we
have
in
your
packet.
We
have
currently
included
attachments
a1,
which
includes
these
new
city,
attorney,
reinforcement
provisions
and
we
have
highlighted
those
in
yellow
and
then
with
eight
section.
H
H
H
At
this
time,
I
would
like
to
try
to
answer
as
best
I
can
any
questions
that
each
of
the
council
member
will
have
on
this
and
then
once
we
get
through
all
the
questions,
I
would
like
to
turn
it
over
to
Council
to
begin
discussing
where
they
fall
on
this
at
this
time
on
this
ordinance
and
whether
they
feel
that
they're
ready
to
move
forward.
Thank.
A
C
C
Then
further
down
the
line,
if
for
the
further
enforcement,
is
warranted,
further
inspections
are
warranted.
Do
you
think
the
resources
exists
to
cover
that,
beyond
that
initial
500
dollar
registration
fee,
the
people
put
in
I
know
that
we
said
we
have
code
enforcement
employees,
community
impalement,
which
is
true,
but
I-
think
that
those
is
certainly
the
code
enforcement
I
think
that
they're
stretched
pretty
thin
right
now,
as
it
is.
H
I
the
way
I
would
respond
to
that
is
that
so
we've
had
70
people
say
they
would
like
to
construct
these
a
to
use.
They
won't
be
constructing
them
all
at
once.
They
were
probably
constructing
them
over
a
10-year
period,
probably
get
about
six
or
seven
per
year,
based
on
the
feedback
that
we
got
from
the
other
cities
and
counties.
It's
not
a
very
big
high
number
of
these
cases
that
they
have
to
investigate
and
I.
Don't
believe
that
it
will
be
that
big
of
a
problem
as
well.
C
Thank
you
and
I'm
glad
he
went
back
to
that
number
70
at
our
last
study.
Excuse
me
open
house
or
a
forum
that
we
had
something
indicating
70
people
stated
that
they
would
like
to
construct
an
Adu
on
their
property
and
that
the
vast
majority
were
within
the
yellow
area
indicated
on
the
map.
Do
you
recall
how
many
of
the
seventy.
H
C
H
Idea
behind
the
preservation
of
character
was
that
this
could
potentially
provide
an
alternative
to
scraping,
so
that's
kind
of
a
big
issue
in
North
England
right
now,
and
the
idea
was
that.
So,
if
somebody
wanted
a
second
unit,
this
would
be
an
alternative
way
to
do
it.
Because,
right
now,
you
would
probably
most
likely
scrape
the
existing
house
and
build
two
units
that
are
attached.
C
Yeah,
the
50%
ownership
and
okay,
very
good,
so
in
the
new
language
at
state's
occupancy,
an
individual
holding
and
ownership
of
50%
in
the
principal
dwelling
must
occupy
either
principal
dwelling
unit
or
the
a
do
it
just
as
a
flat
50%,
whereas
prior
I
believe
it
was
a
minimum
of
50%.
Is
that
correct?
Was
that
the
change
that
was
made
there
in
terms
of
what
that
threshold
was
for
ownership,
I.
H
C
One
it
used
to
open
up,
I
would
say
a
window,
so
there
was
a
threshold,
it
said
minimum
of
50%
and
then
so
anything
above
now
it
just
says
an
ownership
interest
of
50%.
Almost
you
need
50,
49
doesn't
cut
at
51,
doesn't
cut
it
and
I
know
that
that's
kind
of
digging
into
the
work
but
I
think
as
it's
written
it
does
just
specify.
You
must
be
a
dead,
even
50%.
So
it's
a
minor
tweak
in
the
language,
but
I
think
it
might
be
one
that
needs
to
be
made.
If
we're
to
go
forward.
A
D
Something
that
you
brought
up
in
response
to
one
of
his
questions
is
a
little
bit
concerning
to
me
because
the
way
I
took
what
you
said
was
that
you
were
assuming
that
people
would
scrape
both
buildings
and
build.
Two
new
units
did
I
understand
that
correctly,
that
the
other
thing
wasn't
an
alternative
to
doing
that.
So
my
question
is:
are
we
assuming
that
that's
what
people
really
were
gonna
do
was
scrape
the
house
and
build
two
units,
and
the
other
thing
is
really
the
alternative
that.
H
Is
an
assumption.
This
is
something
that
we
were
made
aware
of
by
the
Historical
Society,
that
they
felt
that
this
would
be
an
alternative
that
would
help
to
that
could
encourage
people
to
preserve
the
original
house.
Of
course,
we
don't
know
that
is
not
necessarily
that
they
will
do
what
they
will
do,
because
they
will
still
have
choices,
but
it's
a
second
choice
to
the
right
now.
If
you
want
two
units
on
a
property,
it's
only
attached
and
so
most
likely
you'd
have
to
scrape.
What's
there
now.
D
Okay,
so
I'm
just
going
to
be
very
blunt.
The
concern
with
that
is:
are
we
going
to
have
developers
coming
in
here?
Buying
houses
scraping
them
both
and
building
a
new
house
in
an
Adu?
The
way
it's
been
presented
is
people
have
come
forward,
they
want
to
build
an
Adu,
but
now
the
whole
discussion
is
changing
and
I
have
an
issue
with
that.
B
E
E
Okay,
I
guess
my
concern
with
that
language
in
there
is
that
it
doesn't
really
fit
into
the
purposes
of
why
we
wanted
to
bring
a
to
use
into
Englewood
I,
don't
really
see
it
fit
the
five
examples
that
we
head
up
above,
where
it
provides
a
flexible
for
changing
family
situation,
types
of
living
space
and
so
on.
To
me,
this
sounds
more
to
just
the
fact
that
there's
the
word
corporation
and
we
were
talking
LLC
and
Trust
kind
of
goes
against
those
five
principles.
H
H
It's
not
a
huge
reality
right
now,
right
now,
while
that
has
gone
away,
of
course,
because
we
have
recovered
from
the
Great
Recession
and
housing
prices
going
like
this
and
we're
not
we're
seeing
you
know,
foreclosures
are
fairly
low
right
now,
so
we're
not
really
that
it's,
it's
not
a
very
common
thing
right
now.
Alright,.
E
I
That,
in
no
way
is
the
determiner
of
how
many
are
actually
interested.
Just
the
people
that
came
so
I'm
just
concerned
that
the
number
keeps
getting
used
as
if
there's
only
70
people
interested
in,
but
that's
just
what
you're
garnered
from
people
who
attended
the
meeting.
How
many
ad
use
do
we
currently
have
in
the
city
about.
H
I
Seventy
would
be
a
fairly
significant
number
to
what
we
already
already
have.
How
many
do
you
know
how
many
urban
Lots
were
designed,
which
would
allow
density
and
for
a
lot
to
be
built
on
with
a
much
smaller,
even
in
even
in
my
r1,
an
urban
lot
can
be
built
on
I
think
anything
over
26
feet
of
frontage.
Do
you
know
how
many
Lots
it
was?
My
understanding
was
about
280
qualified
for
those
urban
Lots
to
be
built
on
with
kind
of
a
multi-unit
thing.
Is
that
the
right
number.
I
F
F
F
B
E
H
B
A
I
have
a
couple
questions
when
one
is
going
back
to
the
legal
comments
that
I've
been
brought
up
a
regarding
corporation
trust
or
an
entity,
a
lot
of
people
develop
and
I
shouldn't
say
a
lot.
Some
people
develop
trusts
in
terms
of
handling
out
aging
parents
or
even
children.
So
III
read
this
as
anticipating
the
possible
different
groupings
of
financial
entities
that
would
be
owning
these
and
that
that's
the
intent
of
this.
The
word
corporation,
isn't
just
you
know.
Yes,.
H
Free
Meyer
and
yes,
I
think
he
was
anticipating
that
there
are
different,
that
this
does
occur,
that
that
people
do
different
things
now,
there's
different
than
they've
done
the
past.
They
create
these
different
entities
to
own
things.
They
have
trusts
they're,
that's
not
really
that
common,
but
it
does
exist
and
he
wanted
it
to
be
addressed
and.
A
In
the
15th
cities
that
you
surveyed
did
they
talk
about
developers
coming
in
at
all
and
buying
up
and
of
course
they
did
I
know
some
of
these
are
not
as
restrictive
as
what
we're
proposing
here,
but
did
any
of
them
talk
about
developers
coming
in
and
it
was
all
of
a
sudden
offers
came
in
and
redeveloped
properties.
Is
that
trend
right
now?
A
H
Know
my
impression
of
it
was
that
in
many
of
the
communities
they
are
relatively
recent
and
the
numbers
are
not
high,
so
I
don't
think
that
it
is
being
developer,
driven,
driven,
I
think
this
is
more,
you
know
selective,
you
know
it,
it's
probably
not
something
that
would
appeal
to
the
mass
market.
The
majority
of
people
in
England
are
not
going
to
build
accessories
audience
and
don't
want
accessory
dwelling.
H
A
Then
another
question
has
to
do
at
the
time
of
and
the
amount
of
interaction
a
person
would
have.
Let's
say
someone
wanted
to
do
an
ad
you
from
start
to
finish.
What's
the
number
of
times,
they
would
be
in
contact
with
you
face
to
face
having
to
interact
around
that
and
getting
it
all
the
way
to
standing
and
being
able
to
utilize
it.
Can
you
give
some
sort
of
ballpark
over
how
many
meetings
would
they
have
had
with
your
department
by
then
and
how
many
inspections
might
they
have
had
to
go
through.
H
Well,
the
first
thing:
the
first
contact
would
probably
a
phone
call
to
kind
of
see.
How
is
this
allowed
and
and
what
are
the
rules
about
that?
So
that
would
be
a
first
contacted
the
initial
phone
call.
Second,
they
would
probably
then
hire
an
architect
and
they
would
probably
they
might
come
in
for
an
advisement
on
that
kind
of
sit,
show
here's
kind
of
what
we're
thinking
and
we
and
more
of
our
planners
to
take
a
look
at
and
say:
yes,
that's
that's
compliance
or
no.
You
need
to
change
this
or
that.
H
So
that's
probably
a
second
contact.
Third
contact.
They
probably
come
in
and
do
their
formal
application.
Then
we
would
have
a
fourth
contact
where
we
would
send
out
either
our
inspector
or
a
hired
inspector
to
do
the
inspection
of
the
property
that
would
come
back
and
if
they
needed
to
do
make
some
changes
that
would
that
port
would
go
to
them.
They
would
require
to
come
in
for
another
contact
to
apply
for
those
permits
to
remedy
those
situations
and,
depending
on
that,
could
be
numerous
permits
in
the
process
and
then
once
they
have
those
remedied.
A
H
F
What's
the
process
gonna
be
like
for
those
folks,
so
if
they
want
to
rent
one
of
their
locations,
they
would
have
the
option
to
come
into
compliance
with
this
the
same
way.
Others,
the
new
ones,
would
or
there's
we're
making
special
kind
of
accommodations
for
those
folks
that
already
have
a
structure
I.
H
Think
it
would
be
probably
if
I
was
a
existing
Adu
owner
I
would
prefer
just
to
be
treated
as
I
was
for
the
most
part,
because
most
likely,
the
existing
Adu
owner
probably
doesn't
live
on-site.
They
probably
rent
both
the
house
and
the
Adu,
and
they
probably
want
to
continue
doing
that.
They
probably
don't
want
to
change
that
date.
If
I
don't
want
to
be
forced
to
live
there,
the
only
thing
that
they
may
want
to
do
is
to
be.
H
You
know
so,
because
they're
non-conforming,
if
is
destroyed
by
a
certain
amount
and
I,
can't
think
of
what
that
percentage
is.
They
are
not
allowed
to
rebuild
it.
60
60
percent,
more
assisted
percent
destroyed.
They
are
not
allowed
to
rebuild
that
Adu
and
use
it
that
in
that
same
manner
now
they
could
rebuild
it
as
a
and
come
into
compliance
with
the
new
rules
within
which
would
require
the
owner
occupancy.
G
D
May
be
for
the
city
attorney
on
the
section
that
talks
about
no
subdivision
is
allowed,
but
it
seems
to
me
like,
if
you
built,
if,
if
the
house
was
built
on
one
side
and
the
ATU
was
built
on
the
other
side,
and
there
was
a
division,
could
it
be
divided
into
an
urban
lot?
So
you
would
have
two
properties
rather
than
one
I
mean
it
kind
of
seen
this
like
that,
might
be
allowed
for
in
here.
I.
Don't.
J
Though,
to
make
sure
that
that
doesn't
happen,
one
of
the
deed
restrictions
states
that
if
someone
establishes
an
Adu,
they
may
not
subdivide
the
lot
further
and
it's
like
anything
else.
When
you
buy
property,
you
have
to
look
and
see.
Have
there
been
covenants
on
the
land?
Have
there
been
any
kinds
of
deed
restrictions
and
its
buyer?
Beware
so
future
owners,
once
this
deed
restriction,
is
filed,
they're
on
notice,
if
they
buy
that
lot.
It
cannot
be
subdivided
because
of
this
restriction
in
our
code.
Okay,.
J
They
come
forward
to
get
a
permit.
Part
of
the
permitting
process
is
signing
the
deed
restriction,
so
they
can't
get
an
occupancy
permit
to
allow
anyone
to
actually
live
there,
whether
or
not
they
can
get
a
building.
Permit.
Honestly,
I,
don't
remember
off
the
top
of
my
head,
but
nobody
can
live
there
until
they
have
a
deed
restriction.
That
says
this
lot
may
not
be
subdivided
okay,.
D
I
think
we
have
a
huge
problem
right
now,
because
the
alleys
are
not
maintained
in
this
city
and
I
have
a
concern
about
adding
more
density
in
this
city
without
making
certain
that
the
current
aging
infrastructure
is
taken
care
of
first,
and
also
that
code
enforcement
is
actually
enforcing
what
goes
on
in
the
alleys.
I
don't
want
to
see
any
ad.
You
started
until
we
know
that
code
enforcement
is
going
to
take
care
of
the
alleys
and.
I
J
The
ordinance
can
be
changed,
but
whether
or
not
it
changes
the
deed
restrictions
would
have
to
be
decided
by
the
future
council.
So
if
the
future
council
said
I
want
to
change
this
and
I
want
to
allow
people
who
have
this
deep
restriction
to
come
forward
and
seek
to
have
a
waiver
on
their
deed
restriction
yeah.
That
could
happen,
but.
I
A
J
Ren,
look
the
property,
so
when
you
buy
a
property,
if-
and
everybody
knows
this,
when
you've
bought
a
house,
you
have
a
title
search,
you
find
out
what
kinds
of
restrictions
are
on
your
deed
and
going
in
future.
In
time
a
council
may
say
from
this
point
forward:
we
don't
want
to
have
to
require
deed
restrictions
for
a
to
use.
A
deed
restriction
is
a
private
contract
between
buyer
and
seller.
J
So
unless
the
council
would
make
an
additional
step,
which
would
be
if
current
holders
of
deeds
that
have
a
deed
restriction
would
like
to
seek
waiver
from
the
council,
but
it's
an
affirmative
action.
The
council
would
have
to
take
and
then
the
property
owner
would
have
to
come
and
take
those
steps
too.
So
it's
not
just
one
act.
The
council
could
do
its.
It
would
take
several
steps
on
the
part
of
the
council,
as
well
as
a
property
owner
to
undo
that
now.
A
J
I
A
future
council
could
go
ahead
and
stop
any
kind
of
enforcement
on
the
ownership.
There's
requirement
as
well
I
mean
the
council
is
creating
this.
The
council
can
uncreate
this.
The
citizens
can
come
and
create
a
tea
use
if
they
wanted
to
put
it
on
the
ballot
or
uncreate
them
that
at
some
other
point
as
it
is
now
we're
currently,
as
you
said,
doing
a
system
that
already
has
two
sets
of
rules
for
the
hundred
and
eighty
or
one
hundred
and
seventy
eighty
use
that
are
in
existence.
I
J
Actually
asking
two
questions
and
let
me
be
clear:
the
first
is:
how
do
you
change
an
ordinance?
Well,
you
come
back
and
have
council
make
a
new
ordinance,
but
the
underlying
issue
is
any
property
that
is
already
holding
a
deed
restriction.
That's
between
the
property
seller
and
the
property
buyer.
So
to
undo
a
deed
restriction
is
a
separate
set
of
acts
than
just
updating
or
modifying
the
the
ad
use.
J
So
if
what
you're
suggesting
is
that
the
city
passed
an
additional
ordinance
that
says
that
deed
will,
a
deed
restrictions
may
be
removed,
they
would
have
to
come
to
this
city.
The
city
would
have
to
approve
a
deed
waiver,
then
they
would
have
to
go
back
and
modify
their
deeds.
So
could
it
be
done?
Yes,
it's
multiple
steps.
It's
it's
much
more
complicated
than
just
passing
a
new
ordinance
I.
I
Guess
what
I
was
actually
asking
was
that
the
enforce
of
the
deed
restriction
could
be
stopped,
I
mean
if
the
city
doesn't
enforce
the
deed
restrictions
or
doesn't
hold
people
accountable
to
them
and
that's
up
to
the
Future
Council.
They
can
stop
enforcing
it
if
it's
even
possible
to
enforce
it
in
the
first
place.
The
council
has
that
opportunity.
I
A
Thank
you,
I
think
we're
in
discussion.
So
this
is
great.
Let's
keep
talking
about
and
I'd
like
to
start
hearing.
How
would
you
like
to
move
us
forward?
We
have
we
have
ten
minutes.
If
we
need
to
have
another
study
session
I
guess
we
would
have
to
do
that,
but
we've
we're
done
with
the
presentations
we've
gotten
everything
we're
gonna
have
to.
We
have
to
decide
something
and
it
would
be
by
consensus
tonight
to
move
something
forward
or
not
felt's.
My
remark
to
his
headers
up
first
and
then
questions
yes,.
B
F
You
I
just
want
to
again
thank
staff
and
the
Planning
and
Zoning
Commission
for
all
the
work
that's
been
done
on
this.
We've
been
working
on
this
studying
this
for
two
years,
I
believe
and
constantly
looking
at
more
information
and
we've
really
engaged
the
community
on
this
topic
and
I
really
appreciate
all
their
feedback.
F
I'm
ready
to
move
forward
in
support
of
this
with
the
same
recommendation
that
came
from
planning
and
zoning,
which
is
to
allow
it
in
mu,
r3b,
mu,
R,
3a,
r,
2b,
r,
2a
and
r
1c
I
think
that's
a
good
place
to
start.
If
we
find
that
we
want
to
expand
it
later,
I
think
that
would
would
be
an
option
but
I'm
ready
to
move
forward
with
it.
As.
C
You
I
am
backtracking
just
a
little
bit
in
the
occupancy
in
use.
Councilmember
Ciera
asked
if
the
corporation
that
would
have
to
have
an
owner
on-site
and
I'm,
not
as
one
of
the
occupants
I'm,
not
sure,
if
that's
the
case
as
I
see
it
Brittain,
if
owned
by
a
corporation
or
similar
entity.
The
process.
Excuse
me,
the
property
must
be
occupied
by
a
person
authorized
to
find
such
an
entity
in
real
estate
matters.
So
you
use
the
example
of
an
LLC,
so
I'm
50%
Martinez
is
the
other
50%.
There's
100%
ownership.
C
We
owned
it
between
the
two
of
us.
We
could
appoint
somebody
else
to
bind
us
in
a
real
estate
matter.
I
mean
that
seems
to
me
like
signature,
Authority
or
power
of
attorney.
So
we
could
very
well
be
the
owners
and
just
have
somebody
else
living
there
in
our
stead
and
then
still
be
renting
out
the
backside.
So
I
think
there
is
at
least
the
way
this
is
written.
I
think
there's
an
opportunity
where
you
could
have
two
renters
that
don't
have
actual
ownership
in
either
one
of
the
any
of
the
property.
J
They
continue
to
live
there,
why
they
hold
it
in
trust
as
their
personal,
their
personal
reason,
but
actually
I
can
cite
multiple
cases
of
people.
Who've
talked
to
me
about
different
issues
and
they
hold
their
property
in
trust.
So
I
decided
that
that
must
have
been
the
intent
of
planning
and
zoning
thinking
about
those
property
owners,
not
thinking
about
Joe's
rental
properties
coming
in
and
purchasing
all
of
those
and
then
allowing
an
Adu
to
be
built
behind
a
rental
property.
However,
I,
like
you
and
concerned
that
this
language
is
over
broad
and.
J
They
need
to
consider
whether
or
not
John
and
Joe
Smith
who
own
their
houses,
Johnny
Joe
Smith
is
equal
to
Smith
rental
incorporated,
which
has
18
properties,
how
you
differentiate
between
them,
I'm,
not
sure,
but,
but
that
the
the
way
planning
is
zoning.
Put
this
together.
It
does
suggest
that
any
type
of
corporation
is
allowed
to
own
a
property
and
have
an
ad
behind
it.
My
major
concern
was:
how
do
we
enforce
our
code
if
we're
trying
to
enforce
against
the
corporation
because
of
forcing
against
the
corporation
in
Municipal?
Court
is
very
difficult.
J
So
what
I
wanted
to
do
when
I
went
back
and
rewrote
the
language
is
identify
that
some
individual,
who
has
agreed
to
accept
a
responsibility
for
the
property
and
has
been
given
that
responsibility
by
the
corporation
agrees
that
if
citations
need
to
be
served
or
anything,
needs
to
be
happened
or
anything
needs
to
happen
for
enforcement
purposes,
that
they
will
be
the
responsible
party
for
that
that
we
can
take
that
person
to
court
and
prosecute
that
person.
So
that
was
my
update,
but
does
it
address
your
issue
specifically?
J
B
D
Okay,
I
think
it
might
have
been
me,
but
I.
Just
I
would
like
to
change
the
corporation
piece
because
I
don't
I,
don't
want
to
make
it
easy
for
corporations
to
come
in
here
now
I'm,
not
my
brother
had
an
LLC
for
when
his
son
was
going
to
college
and
I
think
that's
different
than
then
somebody
that
owns
a
whole
bunch
of
rentals.
So
I
would
like
to
see
the
language
tightened
up
there.
The
other
thing
that
I'm
really
kind
of
concerned
about
is
in
the
information
that
you
gave
us
this
evening.
D
The
feedback
from
the
other
cities,
12
out
of
the
14
cities,
rely
on
citizen
complaints.
I
think
we
are
looking
for
problems
if
we're
going
to
rely
on
citizens
complaining
about
each
other.
It
creates
division
in
the
community
and
I
want
a
way
to
enforce
this
without
citizens
having
to
complain
about
their
neighbors
and
if
we,
if
we
can't
do
that,
then
we're
not
ready
to
move
forward
with
us.
I
Before
it,
but
the
citizens
are
hinging
it
on
it
being
on
or
occupied
and
they're,
not
comfortable
that
we
can
go
ahead
and
ensure
that
and
I
am
in
a
unique
position
on
this
council
and
that
I
have
had
the
opportunity
now
to
walk
my
district
three
times
in
the
last
four
weeks
and
have
four
major
town
hall
meetings
and
overwhelmingly
district
three
is
not
for
this.
The
basic
concern
comes
out
of
the
owner-occupied
piece
of
it.
The
other
part
is
the
insurgents
of
the
urban
lots
being
built.
I
I
Overwhelmingly
heard
that
they
are
not
for
this
and
it
hinges
on,
they
do
not
believe
that
the
city
can
enforce
the
owner-occupied
piece
of
it.
You
have
issue
after
issue
in
these
in
in
what
was
presented
on
the
exceptions
to
it,
they're
in
a
nursing
home
they're
out
for
military
service.
They
there
I
mean
there's
this
laundry
list
of
things
that
could
allow
you
to
go
ahead.
I
How
is
a
neighbor
supposed
to
know
to
even
know
to
go
to
complain,
let
alone
the
city
and
whether
somebody's
in
a
nursing
home
or
in
the
hospital
or
overseas
or
in
the
Peace
Corps
in
military
service
or
taking
care
of
a
relative
somewhere
else?
How
are
we
supposed
to
being
that
deep
in
somebody's
life,
they're
already
deep
concerns
about
code
enforcement?
I
That
I
am
the
transitional
areas.
That's
fine,
but
district
3
is
a
highly
residential
area,
single
family,
home
area
and
people
want
to
maintain
that
they
want
to
maintain
those
options
in
this
community
that
there's
at
least
some
place
in
this
community,
where
there's
just
single-family
communities.
So
I'm
not.
A
I
I
C
A
A
What
we
did
is
we
worked
on
it,
a
lot
with
them
in
morphing
it
and
morphing
it.
So
it's
never
been
come
forward
and
then
we
sent
it
back
and
well.
It's
been
a
collaborative
kind
of
process
with
us,
giving
more
and
more
input
and
asking
for
more
clarification,
but
it
probably
feels
like
that.
It's
been
a
very
long
time,
so
you
would
prefer
to
just
have
what's
here,
go
forward
as
written
and
we
decide
in
there
and
and
all
at
another
point
in
time.
That's
when
mayor
pro-tem.
A
A
There
are
a
lot
of
people
that
are
wanting
to
do
this,
who
are
forming
personal
trusts
and
family
things
because
of
the
way
the
world
is
right
now
and
that's
how
I
read
this
as
being
developed
for
in
kudos
on
planning
and
zoning
of
thinking
about
that
in
the
sort
of
scenario
planning.
However,
there
is
still
this
fear
about
how
these
might
play
out,
so
when
I
view
but
I
guess
that
would
only
be
three
of
us.
A
Perhaps
I,
don't
know
a
councilmember
Martinez
I
guess
you
wanted
to
see
it
come
forward
to
for
a
vote.
Okay,
I
think
we
have
a
yes
go
ahead.
Put
it
we
have.
Several
of
you
are
saying,
go
ahead
and
vote
in
there.
We
have
some
people
saying
no,
not
at
all
right.
You
don't
want
it
to
come
in
here
at
all
to
the
regular
meeting,
councilmember
Barrentine,
no
in
Mayor,
Pro
Tem-
you
don't
want
it
to
come
in
here
at
all.
A
J
Concern
is
that
I've
I've
amended
it
to
the
degree
I
think
is
appropriate
within
the
scope,
the
according
to
the
zoning
code,
once
a
recommendation
has
been
sent
forward
to
the
City
Council,
it
should
go
on
the
agenda
and
then
at
that
point
the
City
Council
makes
a
decision
to
approve
to
not
approve
or
to
send
it
back
to
planning
a
zoning
with
requested
changes.
So
I
do
believe
under
your
planning
the
zoning
code,
it
should
come
forward.
What
action
you
take
is
a
body
that
was
one
of
those
three
at
that
time.
A
I'll
add
my
vote
into
having
it
come
forward
and
and
all
the
numbers
and
letters
that
you
read
off,
which
was
the
first
choice
of
city,
counts
of
Planning
and
Zoning,
and
we
can
continue
it
from
there
and
see
what
happens
all
right.
So
we
will
bring
it
before
we're
adjourned
in
here
and
we'll
meet
there
in
another
five
minutes.
Can
you
take
a
bio
break.