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Rock Creek planning body backs smaller in‑law apartments, approves right‑of‑way permit and denies equipment‑rental IUP
Summary
The Rock Creek Planning Commission on Sept. 16 recommended that the City Council approve TA‑24‑003 to reduce minimum in‑law apartment size, recommended a Right‑of‑Way permit, denied an equipment‑rental interim use permit, and forwarded two cannabis ordinance drafts to council for further review.
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The Rock Creek Planning Commission recommended the City Council approve a text amendment to cut the minimum size for accessory "in‑law" apartments from 500 square feet to 250 square feet and to cap typical units at 500 square feet. The commission took the recommendation after a brief public hearing and discussion about compliance and temporary uses.
Nancy Rys, a member of the public who spoke at the hearing, urged caution, saying, "I just want to caution you on reducing the square footage ... it's opening up a whole new can of worms for non‑compliance." Commissioners responded that state building, sewer and electrical permits must be met for accessory units.
The amendment (TA‑24‑003) as recommended includes two additional provisions the commission requested: an explicit prohibition on RVs/campers/travel trailers being used as accessory units and annual review requirements for interim/conditional permits. Oliver Rauschnot moved to recommend approval with those changes; the motion passed with all ayes.
On a separate item the commission recommended approval of a new Right‑of‑Way Permit Application, which staff brought to a hearing at the City Council's request. Don Burger urged the commission to clarify administrative procedure and when permits require public hearings, noting the need for clearer guidance on when matters are handled administratively versus as public hearings.
The commission also reviewed IUP‑24‑002, an equipment‑rental request. Planner John Anderson’s review cited the city's home‑occupation rules that prohibit exterior storage of equipment; Dan Saumer moved to recommend denial for failure to meet Section 1000.20, Subd. 6, and the motion passed with all ayes.
Finally, staff introduced two draft cannabis ordinances (Ordinance #78 for retail sales of hemp‑derived THC and Ordinance #79 for cannabis). Consultant John Anderson said he had not previously worked on similar ordinances and recommended attorney review; commissioners asked for a table of license types and definitions to be added and agreed to forward the drafts to council for a public hearing.
The commission adjourned at 9:09 p.m.
