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HomeMy WebLinkAbout2005 06-06 HCM MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION JiJNE 6, 2005 COUNCIL COMMISSION ROOM CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Thorbus at 7:00 p.m. ROLL CALL Chairperson Judy Thorbus, Commissioners David Johnson, Kris Lawrence-Anderson, Jean Schuster and Mark Yelich. Also present were Council Liaison Mary O'Connor, Council Member Kathleen Carmod Plannin and Zonin S ecialist Ron Warren and Community Development Specialist Tom g g P Y Bublitz. Commissioner Stan Leino was absent and excused from the meeting. APPROYAL OFAGENDA There was a motion by Commissioner Johnson and seconded by Commissioner Yelich to approve the agenda as submitted. The motion passed. I AND NON-CONFORMING REVIEW ORDINANCE RELATING TO RENTAL DWELL NG USES: AMENDING CITY CODE SECTIONS 12-901, 12-902 Chairperson Thorbus explained the City Council had referred the ordinance to the Housing Commission for their review and recommendation. The Community Development Specialist briefly reviewed the ordnance amendment and explained the ordinance addresses situations where a duplex is occupied but no rent is being paid. The owner would execute a certification form with the city but not be required to secure a rental license. Commissioner Members discussed the ordinance amendment and raised several issues relative to the ordinance amendment. Commissioner Johnson commented that he does not understand why the city would be concerned if, for example, a duplex owner rents one of the units to their children. The Planning and Zoning Specialist explained that the current ordinance would require a rental license in a situation where an owner rents a duplex unit to a child. Under the ordinance amendment the owner would not have to obtain and pay for a rental license in this situation. Commissioner Johnson suggested that the rental license fee could be eliminated for any duplex property that is homesteaded. -1- The Plannin and Zonin S ecialist discussed the Planning Commission action on the ordinance I g g P amendment relative to non-conforming duplex properties in R-1 districts noting that the ordinance amendment would provide that these duplexes would lose their non-conforming use status if a two year period lapses during which time the owners do not apply for a rental dwelling license or file a certificate required by the ordinance amendment. The Commission continued discussion of the ordinance amendment and Commissioner Johnson emphasized the point that as long as a duplex is owner occupied in one unit and a relative occupies the other, the city should not be concerned. The Community Development Specialist commented that the ordinance amendment is a means of providing an exemption from the rental fee under certain circumstances and still allows the city to track the rental unit if the rental situation changes in the future. Commissioner Lawrence Anderson recommended that her main concern with rental property is not exemption from fees but with rental units in the city that we don't know about. Additionally, she stated she did not think the city should be concerned with someone allowing a family member to live in a duplex unit. Additionally, Commissioner Lawrence Anderson pointed out that she believes that if there is no formal rental agreement it should not be the city's concern. She suggested that rather than the ordinance proposed, the city could change the rental licensing fee to some kind of tiered system or have the individual sign some kind of exemption. Commissioner Yelich addressed the concern he has relative to the definition of a duplex and how it is defined in the ordinances of the city. He inquired as to how duplexes are tracked and how they might be classified on tax records. The Planning and Zoning Specialist stated that the Assessing Department classifies duplexes for value considerations but that does not necessarily coincide with issues relative to the zoning and rental licensing ordinance. He pointed out that if the property is converted to a single family property, it loses the duplex status. The certification process would a11ow the owner to maintain it as a duplex in an R-1 zone. He continued that if the property has not been used as a rental property for at least two years, the burden is on the owner to prove it is still a rental property. Chairperson Thorbus inquired as to whether the Commission was ready to propose a motion. Commissioner Yelich discussed the idea of exempting family members and the complexities involved in that approach. Commissioner Johnson suggested that one could make a stronger argument requiring a rental license for people not related than those who are related. Commission Members continued to discuss the ordinance amendment and possible revisions to it. There was a motion by Commissioner Yelich and seconded by Commissioner Johnson to recommend to the City Council approval of an ordinance relating to rental dwellings and non- -2- conforming uses; amending City Code Sections 12-901, 12-902 and 35-111 pursuant to the following recommendations and amendments: Duplexes that are occupied by its owner and/or persons who qualify for a relative homestead status should not be required to obtain a rental license. Persons qualifying under this provision would be required to complete a certification indicating their relationship regazding homestead or relative homestead status. The Commission believes qualifying relatives living in a duplex should not be required to obtain a rental license. In making this recommendation, the Commission believes the city should not be concerned whether or not persons who qualify for a rental license exemption based on relative status actually make any.type of payments to the relative who is the owner of the duplex. In situations where a duplex owner occupant has non-related occupants living in one half of the duplex and not paying rent or other consideration, the Commission recommends that these persons should not be required to obtain a rental license but would be required to complete a certification as required by the current proposed ordinance. The Commission recommends that if there is a formal rental agreement executed between qualifying relatives in a duplex, then these persons should be required to obtain a rental license. In this recommendation, the Commission believes that a written rental agreement creates an explicit landlordltenant relationship even if the owner and tenant are related. Upon a vote being taken on the motion, the motion passed unanimously. There was a general consensus of Commission members to ad�ourn for the summer recess and meet beginning in September. ADJOURNMENT There was a motion by Commissioner Johnson and seconded by Commissioner Lawrence Anderson to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:45 p.m. lrril� -3-