2004-06-04 TBOUDAR - Laserfiche WebLink

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No. 04-003, taking into consideration the background report, the findings and the conditions presented by the Planning Director, I move that the Use Permit to allow the establishment of a 4-bedroom bed and breakfast operation in a single-family dwelling be approved with the specified conditions. FUJIKAWA:Any second? MCCALL:Second. FUJIKAWA:It has been moved by Commissioner Springer, seconded by Commissioner McCall, that Melanie Boudar’s Use Permit 04-003 be approved. Any discussion? Questions? Graham? GRAHAM:Just on the kind of legal basis what I was concerned about, when I looked at the Zoning Code for Bed and Breakfast Establishments, 25-4-7 and then (b)(1), it says that “Bed and Breakfast Establishments shall be accessory and subordinate to the principle use as a residence by its owners or lessee.” And so from looking from the plans and all and, you know, how much it’s going to be used for what and all, it sure doesn’t look like it’s going to be subordinate to the principle use, seeing that the great bulk of the floor spaces is used for the bed and breakfast. And the only counter feeling thing I have to that is it does make a lot of sense to me if she’s really building this place to bring her family over as they get older, and this is sort of an interim situation which allows her to support herself and do that. So those are the concerns that are up in my head on this. FUJIKAWA:Any other questions of, or comments? YUEN:You know, I would comment on that -. FUJIKAWA:Go ahead. YUENThat the Code does permit you to have a five-room bedroom bed and breakfast and for one person, the owner, to operate that. So I think when it talks about subordinate to its use, it just means, it doesn’t mean that the square footage devoted to the bed and breakfast has to be less than the square footage used by the owner. It doesn’t mean that you’d have to have at least five kids in five bedrooms if you’re going to have a five-bedroom bed and breakfast. GRAHAM:But you’re also not asserting that only means that the owner needs to also live there. I don’t think that makes it subordinate, does it? YUEN:No, it doesn’t. But I don’t think it’s a matter of a square footage or the number of bedrooms. GRAHAM:Okay. 16