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Daniel council declines to adopt commercial-condominium code after public hearing
Summary
After a public hearing on July 7, the Daniel Town Council voted to reject proposed local code changes that would have allowed commercial condominiums in commercial zones, citing administrative burden and enforcement concerns raised by planning staff and members of the public.
The Daniel Town Council voted July 7 to decline adoption of proposed local code language that would allow commercial condominiums in town commercial zones.
Eric, planning staff, summarized the draft ordinance and said the planning commission had recommended approval after a prior public hearing. Planning staff and several council members, however, cautioned that adopting the state-derived commercial-condominium rules (code reference 81014) would substantially increase the town’s administrative workload. "From the planning standpoint, I think it's quite burdensome on the town," Eric said during the hearing.
Public commenters raised concerns about how disputes between separately owned units would be resolved, insurance and liability, and potential nuisance impacts such as odors and noise. One resident asked whether the town could be drawn into landlord–tenant conflicts if units in a single building were sold to multiple owners; planning staff responded that many enforcement issues now handled through a single point of contact could be transferred to the town under the condominium model.
Council members debated whether to table the item to gather more examples from other jurisdictions. A motion to table for two months failed. A subsequent motion "that we do not change the code or adopt this new condominium subdivision" carried; council members voting in favor included Bolton, Kohler and Benning (roll call taken during the meeting). The council recorded the motion as a local decision not to adopt the proposed changes; no adoption or further code action occurred at the meeting.
The council asked staff to gather additional examples of how other municipalities administer commercial condominiums and to return the item if significant new information is found. The council emphasized that, if reconsidered, any future proposal should include clearer administrative provisions and examples of workable enforcement mechanisms.
The planning commission record and the draft language remain available for council review; the council treated the hearing as the formal public comment opportunity and closed the item without adopting the proposed ordinance.
