Adopt Resolution #20-090 Authorizing a Temporary Dwelling Agreement for 16400 Uranimite St NW; Case of Kathie Charette

In late fall of 2019, the home at 16400 Uranimite St NW (the "Subject Property") was severely damaged by a fire, rendering it uninhabitable.  The home is now in the process of being repaired/rebuilt and there is a request by Kathie M. Charette (the "Property Owner") to utilize a camper trailer as a temporary dwelling (the "Temporary Dwelling") on the Subject Property during the repairs to the home.  The Property Owner had been living in a hotel; however, their insurance company was no longer going to cover those expenses.  A Temporary Dwelling has already been brought onto the site and thus, this action would be to retroactively approve the Temporary Dwelling on the Subject Property.

Notification is not required.

A Temporary Dwelling Agreement is an option in cases such as this, where an existing home is rendered uninhabitable due to severe damage until repairs can be completed.  The Temporary Dwelling would need to meet the minimum setbacks for the applicable zoning district. This property is located in the R-1 Residential (Rural Developing) District. The temporary dwelling must also be connected to water, electricity and the septic system.  Once a Certificate of Occupancy is issued for the existing home upon completion of necessary repairs, the Temporary Dwelling would need to be removed within thirty (30) days.  An escrow, in the amount of $2,000 is collected to ensure the proper removal of the Temporary Dwelling including, but not limited to removal of all temporary connections.  The Property Owner has noted that they would anticipate needing the Temporary Dwelling for approximately two (2) months.

This situation is a bit unique in that foreclosure proceedings were commenced on the Subject Property in February of 2020 and is now within a twelve (12) month redemption period.  Staff is working with the occupant currently to collect the required escrow.  If that is unsuccessful, the draft Temporary Dwelling Agreement allows the City to assess costs of removal similar to our standard abatement process, while waiving all rights to appeal.  In short, there are protections incorporated into the Temporary Dwelling Agreement that protect the City should the Temporary Dwelling not be removed from the Subject Property and legal action is necessary.

While not directly relevant to this request, there are a couple items worth noting.  First, through the City's Septic System Repair Policy, the septic system was replaced in 2017.  At that time, the Property Owner had entered into an agreement with the City to complete the repairs and assess those costs back to the Subject Property.  Secondly, the City did recently receive a Public Nuisance Code Complaint regarding the Subject Property related to  off-street parking,  miscellaneous debris and a concern about a person(s) living in the camper trailer. It is also noted that the Subject Property currently has a delinquent tax bill and there are previous foreclosure filings on the Subject Property as well.

Alternatives

Alternative 1: Motion to approve Resolution #20-090 authorizing a Temporary Dwelling Agreement on the Subject Property through August 31, 2020.  Due to the fire, the Property Owner's home is presently uninhabitable and their insurance company will no longer cover the cost for a hotel room.  A Temporary Dwelling that is properly connected to utilities (water, electricity, and septic system) can be a suitable option for a short and defined period of time.  

Alternative 2: Do not adopt Resolution #20-090.  This would result in the Property Owner needing to find other accommodations while the home is repaired and the existing Temporary Dwelling would need to be removed from the Subject Property immediately.  

This request is being handled as part of normal Staff duties.

Staff recommends authorizing the Temporary Dwelling Agreement.

Motion to adopt Resolution #20-090 authorizing a Temporary Dwelling Agreement for 16400 Uranimite St NW.