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FILE # LA18-000050 <br />18 June 2018 <br />Page 3 of 3 <br />1. The council finds that the proposed use of the accessory structure with a bathtub or <br />shower will not be detrimental to the residential character of the neighborhood. <br />2. The council finds that the plumbing fixtures proposed are in keeping with the <br />intended use of the accessory building. <br />3. The accessory building is conforming in location, size and height. <br />4. The property owner agrees to the filing of a covenant in the title of the property <br />providing that the accessory building will not be: <br />a. Used for a home occupation unless specifically approved by the city or if <br />allowed by this Code. <br />b. Used as a dwelling unless a guest house conditional use permit is obtained. <br />c. Rented, leased or otherwise provided for use as a dwelling under any <br />circumstances. <br />Additionally, a CUP shall remain in effect as long as the conditions imposed by the City <br />Council are observed, but nothing in this section shall prevent the city from enacting or <br />amending official controls to change the status of conditional uses. <br />Public Comments <br />To date, no public comments have been received. <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the <br />property in a reasonable manner which is not permitted by an official control? <br />2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br />essential character of the neighborhood? <br />3. Does the Commission find it necessary to impose conditions in order to mitigate the <br />impacts created by the granting of the requested variance(s)? <br />4. Are there any other issues or concerns with this application? <br />Planning Staff Recommendation <br />Staff recommends approval conditioned upon the property owners' agreement to the filing of a <br />covenant in the title of the property providing that the accessory building will not be: <br />1. Used for a home occupation unless specifically approved by the city or if allowed by <br />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 />List of Exhibits <br />Exhibit A. <br />Application Summary <br />Exhibit B. <br />Proposed Site Plan & Plans <br />Exhibit C. <br />Property Owners List <br />Exhibit D. <br />Plat Map <br />