Planning Commission Minutes 2011 11 17

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Planning Commission Meeting Minutes November 17, 2011 Page 6of 8 Staff recommends approval of Resolution No. 27 recommending City Council amend Title 17 of the LMC, concerning permitting housing for certain protected individuals to occur in residential areas. Commission Questions of Staff: Lipton asked if practical applicationmeans not requiring a public hearing before Planning Commission and City Council. Russ stated a practical application would be on a case by case basis. It would probably include individuals over the age of 16 as well as the definition of family of no more than three unrelated individuals. O’Connell asked how other communities were enforcing the Fair Housing Actand for a clarification of minor vs. major modifications. Russ stated enforcement would be on a case by case basis. The minor vs. major modifications would be based on the common sense of the City Manager and the City Attorney on a case by case basis. Lipton asked if a report similar to Administrative SRU report could be provided with each approval. He requested this be added as a condition of approval. Russ stated his request is reasonable and could be done. He stated the report would not be able to provide some details of the request because of the privacy requirements. Russell asked Russ if the lack of public transparency concerns him. Russ stated a concern when first discussed with staff but through further contact with the City Manager and City Attorney he understands there are two sides to every coin. He concluded by stating we could improve the transparency without compromising transparency and privacy. Public Comment: None heard. Summary Comments and Request from Staff: None heard. Closed Public Hearing –Planning Commission Discussion: The decision of the City Manager Sheets stated a concern regarding the wording “ shall be final.” She stated she is okay with the rest of the requested changes. Brauneis stated he likes the suggested condition of approval. He feels it will help avoid some other legal actions. Lipton stated the privacy issues will alwayscome up. He also stated the condition of approval should be added. Pritchard and O’Connell stated their agreement with the other member comments. Russell stated he does not like a decision just to keep the city out of the courts. Brauneis moved and Lipton seconded a motion to approve Resolution No. 27 as presented by staff.