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FILE#LA20-000007 <br /> 18 February 2020 <br /> Page 3 of 4 <br /> 15) Not detrimental to the public health, public safety, or general welfare.This criterion <br /> is met. <br /> A CUP may be granted subject to such conditions as the Council may prescribe. Further <br /> approval shall be granted only when the following criteria are met: <br /> 1. The council finds that the proposed use of the accessory building with a shower will <br /> 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 /> applicants' 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 as allowed by the Zoning Code? <br /> 2. Does the Planning Commission find that the approval, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. 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 addressing the plumbing and the status as an oversized <br /> accessory building, 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 /> 4. Regarding future subdivision of the property: <br /> a. No future subdivision will be approved that places the oversized accessory <br /> building within a lot that has no principal building <br /> b. If the property is subdivided,the oversized accessory building and principal <br /> building will be located together within a lot that meets the minimum lot <br /> area requirement for the given size of the oversized accessory building. <br /> c. In subdivision approval,the setback required for the oversized accessory <br /> building shall remain. <br />