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FILE # LA20-000016 <br />16 March 2020 <br />Page 3 of 4 <br /> <br />Bathing facilities in accessory structures is not uncommon. As part of te review of the <br />conditional use, the city imposes conditions to prevent the accessory building from becoming <br />a second dwelling unit. <br /> <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 /> <br />Public Comments <br />To date, no submitted public comments have been received. Staff has received a phone call from <br />a neighboring property owner with concern that the accessory structure could evolve into <br />a dwelling unit. <br /> <br />Issues for Consideration <br />1. Commissions can discuss if additional screening from the neighbors is necessary. <br />2. 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 />3. Does the Planning Commission find that the approval, if granted, will not alter the <br />essential character of the neighborhood? <br />4. Are there any other issues or concerns with this application? <br /> <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