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O. DSTSRMINATION OP LSOAL NONCONFORMING STATUS NO 96-001 (Vince Fregoeo) Filed by Ms. Juanita Garcia to determine the legality of a unit within a garage located at 1102-B North French Street in the Specific Development Plan No. 19 zoning district. Deny Determination of Legal Nonconforming Statue No. 96-001. Mr. Vince Fregoeo, Associate Planner, provided an overview of the applicant's request to allow the conversion of the ground floor of an existing garage as a legal unit on the property. He indicated that the site currently contains three legal unite, staff had no records for the fourth unit nor had the applicant been able to provide documentation supporting legality of the unit. in addition, Mr. Fregoeo reviewed the Exhibits of the staff report and stated staff was recommending denial of the request due to the lack of documentation proving the fourth unit. Commissioner Oliver asked if there were any violations of safety or health codes. Mr. Fregoeo indicated that there was a citation issues in 1994, however, the applicant addressed the issue and fully complied with city standards. Commissioner Doughty asked if there were windows in this unit and if there was adequate parking on the site. Mr. Fregoeo indicated yea, it meets all code requirements for the 1960'x. Commissioner Doughty askedif the French Park neighborhood had been notified of the request. Mr. Fregoeo indicated the neighborhood had been notified and they would support any Planning Commission action. Commissioner Oliver expressed frustration regarding the request and mentioned to staff that it would be helpful to use an evaluation criteria to score requests such as this to make a determination what would be in the communities best interest. ' Me. Uptegraff indicated that the code requires evidence to be provided. If documentation is not provided it would not be considered a legal unit. Mr. Adams indicated that the zoning code was not in place prior to 1960. There was evidence proving the other three units legal, however, there was no documentation proving the legality of the fourth unit. Ma. Juanita Garcia, applicant, mentioned problems she had with her request and dealing with the Agency. In addition, she displayed pictures of various properties in her area with room add itiona, and a utility bill and indicated she believed the unit had been built prior to 1960. She had bought the property as four unite. Commissioner Nalle moved to approve the Determination of Legal Nonconforming Statue No. 96-001. The motion was secondedby Commissioner Pedroza. Commissioner Doughty stated that she would vote against the motion. She stated that she had not been convinced that the unit was legal and expressed concern of the unit causing overcrowding in the neighborhood. Chairman Mondo stated that he would also vote against the motion. He indicated he reviewed the staff report and exhibits and was not able to find documentation proving the legality of the fourth unit. In addition, he mentioned that he believed the applicant was before the Commission in good faith but illegal unite caused problems in the neighborhoods. AYES: Pedroza, Nalle, and Segura NOES: Mondo, Brown, Oliver, and Doughty ABSENT: None The motion failed. Commissioner Oliver reiterated his frustration and requested staff to set ground rules for such determinations. Mr. Adams commented that it is common to have separate electric meters, however, it was a difficult task to separate gas meters and it would not be practical to make a determination on utility bills. After further discussion, Chairnan Mondo moved to deny the Determination of Legal Nonconforming Status No. 96-001. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, and Segura NOES: Pedroza and Nalle ABSENT: None 2 PEBRUARY 12, 1996