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Regular City Council Meeting Monday, May 23, 2011 Page 13 for an annual renewal, opining that there would most likely be no annual change in the license situation, other than the City collecting an additional fee. Mr. Trudgeon advised that the City's recourse for problem rentals included the City's nuisance code, and property registration as a rental unit with current regulations being that rental registrations could be pulled so they were no longer authorized to rent out the structure. Councilmember Johnson questioned if the thirty foot (30') height provision was put in place to address the second story of garage units being used as ADU's; and questioned whether unattached structures would be restricted based on square foo- tage requirements for the lot, since they would need to be constructed in an un- usual nature. Councilmember Johnson suggested that consideration be given to unattached ADU's at a separate height level, such as a normal one-story building, and keep language as proposed for attached units. Councilmember Johnson noted that staff had grappled with most of the issues he had considered, and thanked them for being on the right track. Mr. Trudgeon clarified that there would still be setback issues with a second floor over a garage. Mayor Roe suggested that the challenge was for ADU's for garages, since a ga- rage as an accessory use can have less of a setback than another structure; and recommended that requirements be for any ADU, attached or detached, to meet residence setbacks; but questioned how to handle subsequent variance requests. Mayor Roe noted that living quarters and their respective setbacks and proximity to neighboring properties may need to adhere to setback requirements for a resi- dence. Councilmember Pust expressed her appreciation for removing ADU's from the CU process, opining that this process was better. Councilmember Pust noted that, in requiring licenses for ADU's, the City was taking a step toward rental licensure not currently done, and questioned the City Council on their willingness to move in that direction, in licensing all rental units. Councilmember Pust noted that 3-4 years had elapsed since the original discussion of rental licensing; and noted that at the HRA level, discussions had been held on how to have more enforcement and may indicate further discussions and consideration. Councilmember Pust questioned staff on several items, including where the max- imum 600' came from and square footage requirements found in the other two city's examples; off-street parking requirements for ADU's; and current off-street parking requirements causing residents to pave over more of their yards, question- ing if those 1970 requirements still made sense in today's world. Mr. Trudgeon advised that there was no scientific rationale to the 600 square foot provisions; and provided staff's rationale for the parking requirement in adding