The Planning Commission meeting on April 11 included public hearings for two properties. Tom and Debbie Reay had already seen two applications rejected for 8-10 Angus St. but received approval for a new plan. The other hearing concerned a possible revocation of a Conditional Use Permit for Cecilia Athey at 17 Breezy Point Rd.
Athey received approval in June 2021 for one unit of tourist lodging. The revocation proposal listed several violations, including a change from one to two units without commission approval. The complaint also alleged non-compliance with building code requirements.
In addition, Athey was advertising for a wedding venue and food service, neither of which had been approved in her CUP. Athey had obtained business licenses from the city for weddings and other events, and for food service, but Planning had not approved those functions.
Attorney Matt Bishop represented Athey, and he questioned justification for revocation. Although Athey had advertised her intention to proceed with weddings and food service, she has not hosted any events. Commission Chair Susan Harman said Athey’s advertising called for weddings or other events with as many as 50 guests. Bishop called the advertising “a poor decision” on Athey’s part but said it did not violate the terms of the CUP.
Bishop said Athey had not increased from one to two units. She offered a two-bedroom unit, and city codes are not clear on how many bedrooms can be contained in one unit. Bishop also objected to the item regarding building code violations. He said the city has a separate procedure for addressing such violations, and those procedures do not have anything to do with the status of a CUP.
Harman pointed out that permits can be issued for wedding venues in R-2 zones, but there is no provision in that zone for other events.
Commissioners voted to rescind the CUP, although it took two votes because the language in the first motion did not qualify as an affirmative statement under Robert’s Rules of Order.
The Reays had originally asked to build multiple small dwellings on their two small lots. After the commission rejected that plan, they returned in March with a plan for two duplexes, which would have required fewer variances. That request failed by a 4-3 vote, and the Reays returned this time with a plan for two modest-sized homes.
They will occupy one of the houses, at just under 1,000 square feet. The other house, about 750 square feet, will be offered as a long-term rental.
Although the dead-end street is narrow, an opinion from the city attorney said that burden could not be placed on an individual property. Any problems with the street should be addressed by the city.
Public comments, whether in person or by letter, generally supported the project.
Commissioners approved the plan by a 4-1 vote. Public Works will be asked to place a sign at the front end of the street saying, “Dead End, No Turnaround.” Another sign at the other end will prohibit parking in the area needed to turn around emergency vehicles.