Although an item dealing with 1 Washington St. was removed from the agenda, the Planning Commission spent some time on a related subject at last week’s meeting.
The agenda listed a discussion of a Stop Work Order issued by City Building Inspector Jacob Coburn for the Washington St. property, an apartment building which had been partially destroyed by fire. The SWO cited failure to comply with building codes and with requirements of the Historic District Commission.
Commissioner Ann Tandy-Sallee immediately listed some problems in tackling this item. She said the issues involve zoning, building codes, and maintenance. She asked whether the property owners would need a public meeting to appeal the SWO.
Chair Susan Harman agreed that “this came up very quickly,” and she did not have adequate information about the commission’s responsibilities. She said commissioners usually receive their meeting packets a week in advance and have time to study the agenda. Harman has contacted the Municipal League for advice. Everyone agreed to postpone the item until the next meeting, unless a special meeting is required before then.
During previous discussions of this property, questions have arisen whether more than 50 percent of the property was damaged. That would remove the property’s status as a legal non-conforming multi-family dwelling. Last week, commissioners asked what process would be required to remove an LNC status. Tandy-Sallee remembered a property losing its LNC status over non-payment of tourism taxes, but she could not find documentation for the way it was handled.
A property could also lose its LNC status for building code violations, or for making changes that eliminate required parking spots. City Historic Preservation Officer Kyle Palmer was asked to assemble a draft for the procedure.
An open-ended discussion began last month about the possibility of adopting a formula for floor-area to lot size. Instead of a minimum lot size, the commission could use the formula to say what size building could go on a lot. A variance was granted last month to allow building on two small lots. Harman listed some steps commissioners would need to take before sending a draft ordinance to city council. They would have to determine a minimum floor area for a home, and possibly what rooms to require. New guidelines might allow building a second house on a lot.
Questions immediately arose about the possibility of someone building a short-term rental unit on an existing property. Some subdivisions already have covenants preventing that, but commissioners will have to address that on a city-wide basis.
In other business:
- Commissioners continued to discuss a definition of “unit” as it pertains to tourist lodging. Tandy-Sallee suggested applying the term to one bedroom that sleeps two people, with at least one method of emergency egress. The definition would help clarify whether a three-bedroom house should be considered one unit or three. A parking space would be required for each unit of a three-bedroom house. A draft ordinance with the definition will be sent to city council.
- Coburn discussed proposed inspections for short- and long-term rental properties, an issue he has discussed with city council. Coburn explained that he will not write the ordinance but will assemble the checklist for the inspection process. The inspections will focus on areas affecting life, health, safety, and sanitation.
- A workshop on residential incentives preceded this meeting. The session focused on what the commission could do to help create additional long-term rentals within city limits.
- The April meeting lasted more than two hours, and commissioners discussed returning to twice-monthly meetings. Harman said the extensive “wish list” discussed at the March meeting would take time. Commissioner Joe Hill said the commission should focus on fewer items. Tandy-Sallee said when the commission met twice monthly, there were frequent problems in establishing a quorum. The commission currently has one vacancy. A vote continued the current schedule of one meeting on the second Tuesday of the month.
- At the April meeting, the commission voted to revoke a Conditional-Use Permit at 17 Breezy Point Rd. The vote was 3-2, and the chair did not vote. An ordinance adopted in 2018 requires four votes for passage in all commissions. The CUP will remain in effect unless the matter comes back before the commission.
- The June 13 agenda will include several items postponed from this meeting, including a new tree ordinance and an ongoing discussion of parking. Commissioners will also review various application forms, and they will continue discussion on the definition of a lodging unit. The discussion of floor area to lot size will continue, with a workshop on this subject scheduled an hour before the regular meeting.