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�, .. <br /> _� . <br /> M�lanie Curtis <br /> From: Melanie Curtis <br /> Sent: Friday, November 02, 2012 2:38 PM <br /> To: 'bill@wipohomes.com' <br /> Cc: 'Susan Kelly'; Christine Mattson <br /> Subject: 2990 Sussex Road - Permit 2012-01052 <br /> Attachments: 20121102 2990 Sussex Rd -2012-01052 <br /> Bill <br /> Thank you for the revisions to the survey to address our City Engineer's comments. He has one additional concern <br /> regarding an existing garden and fence located in the drainage easement and potentially within a wetland shown on the <br /> most recent revision of the survey. His comment email is attached. We are requesting the property owners enter into <br /> an encroachment agreement with the Ciry regarding this garden/fence. Please discuss with the property owners how <br /> you would like to proceed. <br /> Additionally upon my review of the proposed cabana it appears a toilet, sink and shower are proposed. A toilet and sink <br /> within a conforming accessory building is an allowed use, however the addition of a shower or bathtub triggers the need <br /> for a Conditional Use Permit(CUP). I have attached the City Code sections below for your reference. A CUP requires <br /> a public hearing held by the Planning Commission and approval by the City Council. I've attached an application for a <br /> CUP. If the homeowner wishes to keep the plans as-is including the shower a CUP will be required before construction <br /> will be approved. Please contact me to discuss this matter. <br /> Thank you - Melanie <br /> Sec. 78-418.- Conditional uses. <br /> Within any RR-1B one-family rural residential district, no structure or land shall be used for the following uses without a <br /> conditional use permit: <br /> (6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of <br /> municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from <br /> the building plumbing. Approval shall be granted only when the following criteria are met: <br /> a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be <br /> detrimental to the residential character of the neighborhood. <br /> b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the <br /> accessory building. <br /> c. The accessory building is conforming in location, size and height. <br /> d. The property owner agrees to the filing of a covenant in the title of the properiy providing that the <br /> accessory building will not be: <br /> 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. <br /> 2. Used as a dwelling unless a guest house conditional use permit is obtained. <br /> 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. <br /> � <br />