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Board of Adjustment upholds planning director; request to reinstate transient licenses at 902 Truman denied
Summary
After a multi-hour appeal, the Board of Adjustment upheld the planning director's determination that transient business tax receipts relinquished in 2001 cannot be reinstated; the motion to overturn failed and the board later voted to uphold the director's denial.
A property-owner appeal concerning the reinstatement of transient business tax receipts for 902 Truman Avenue was heard at length on Nov. 5. The appellant's counsel asked the Board of Adjustment to reinstate or renew transient licenses that the family says were historically associated with the property. Appellants offered to deed-restrict one unit for workforce housing in exchange for reinstatement.
Planning staff, after reviewing records and code, said the owners voluntarily relinquished transient licenses in 2001 and have since paid non-transient business tax receipts. Staff argued the planning code and allocation rules prohibit assigning new transient allocations after the closed allocation period and noted HNC-1 restrictions that bar transient uses that displace permanent housing. Staff cautioned that granting the appeal would set a precedent and could be read as issuing new transient allocations.
The Board debated whether the request constituted a ‘reinstatement’ of an existing entitlement or a request for a new allocation. A motion to grant the appeal (and accept deed restrictions) failed on the roll call. A subsequent motion to uphold the planning director’s denial carried by majority vote; the board found the director's determination consistent with procedural and substantive land development regulations and the comprehensive plan. The final roll-call vote to uphold the director recorded five votes in favor and two opposed.
