02-18-1986 Planning Packet - Laserfiche WebLink

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Lot ich the Zoning File #1004 February 14, 1986 Page 3 The City has not always followed these directives giving subdivision approval without appropriate variances, therefore, tending to favor more practical and workable patterns in the design of lots. If you doubt this, consider all the lots approved that are served by private access easements, extended platted corridors and cul-de-sacs approved without addressing the need for a variance because lot did not abut a public road for the required width. Staff recalls the subdivisions approved right after the common ownership issue was resolved (review the enclosed plat). The Smiley application is a prime example for comparison. Consider the specific structure; staff would classify the garage use as the primary use authorized for guest house use with a conditional use permit in 1981. The second floor pool house/changing rooms use is secondary and required a guest house/conditional use permit when a kitchen was to be installed. The kitchen has not been installed. The second floor now serves as additional storage area. A future owner may never divide the property and designate the accessory garage/apartment structure as a principal structure - not on Bohns Pt real estate. As for comments on this specific sketch plan, staff would argue that with minor rearrangements of the lot line providing expanded yard areas around the two structurer>, this subdivision could be as acceptable as others approved by the City without noting the need for variances. The City is being asked to approve the lot line rearrangement of Lots 1 and 2, Lydiard Park. Parcel B’s excess of hardcover within the 75-250' setback area can be resolved by either the removal of the 1.7% of hardcover or adjusting the lot line to provide additional area to offset the excess. The applicant must decide. Per Section 10.09, Subdivision 8, it would appear that the 1981 conditional use permit has expired because the original applicant had failed to install the kitchen within a year of the date of Council approval. The original conditional use permit did not address the use of the structure as an additional bedroom or guest room use. A pool side changing house would not require a conditional use permit. Subdivision 9 of that same section also notes that a conditional use permit will expire if that use has ceased for a six month period. Applicant should confirm if he wishes to apply for a conditional use permit for guest house use. Staff recommends approval of the lot line rearrangement division application of William Ulrich and that the proposed subdivison is subject to the subdivison regulations of the City because of the need to resolve the hardcover excess. Approval is subject to the following conditions;