Nevada City Council set to hear appeal on Kendall House |

Nevada City Council set to hear appeal on Kendall House

A appeal regarding the Nevada City Planning Commission’s denial of a bid to resume operating the Kendall House B&B after more than a decade on hiatus — which was postponed in July — is set for a special hearing today.

Kendall House owners Mollie Poe and Declan Hickie wanted to resume using the property as a bed and breakfast, but that bid was denied by the planning commission in May. A hearing in April reportedly brought out a number of neighbors who opposed the reopening of the business.

Their attorney, Allen S. Haley, has said the commission decided the matter using the wrong municipal code. It was thought that B&Bs in residentially zoned R1 neighborhoods of Nevada City became a “nonconforming use” after the passage of Measure G, which repealed the city’s bed and breakfast ordinance, Measure B. B&Bs no longer conformed with municipal code, but those that had been issued permits by the city prior to the passage of Measure G would have their right to continue doing business grandfathered in.

Haley challenged that legal premise, arguing that B&Bs within Nevada City’s R1 zoning areas are a fully conforming and permitted use. If that is found to be true, the city code governing nonconforming uses will no longer apply to his client’s case.

Nevada City’s city attorney, Hal DeGraw, has recommended that the city uphold Haley’s appeal and reverse the planning commission’s denial, which he agreed “was based upon an erroneous assumption,” and allow the current owners of Kendall House B&B to recommence operations under the terms and conditions of the original 1991 use permit.

The public hearing is set for 3:30 p.m. at City Hall, 317 Broad St. The agenda states that this can be continued to the regular city council meeting that starts at 6:30 p.m.

To contact City Editor Liz Kellar, email or call 530-477-4229.2

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