02-09-2004 Council Packet - Laserfiche WebLink

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r #04-2976 Jinutry 13,2004 Page 2 Pertinent Code Sections: 1. Section 78-303(17): LR-IA Conditional Uses: 2. “The provision cf a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer ora conforming sewage treatment system designed to handle the andc^tated flows from the huUding plumbing. Approval shall be granted only when the following criteria are met: 1. The Council finds that the proposed use of the accessory structure with plumbing wili not be detrimental to the residenttal character of the neighborhood. The Council finds tbat the plumbing flxtures proposed are in keeping with the intended use of the accessory building. The proper!}' is 2J> acres in area or larger. The acceuory buOding is conforming in location, size and height. The propert}- owner agrees to the filing of a covenant in the title of the property providing that: a. the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code, the accessory building will not be used as a dwelling unless a guest house CUP is obtained. the accessory building will not be rented, leased or otherwise pros ided for use as a dwelling under any circumstances." 3. 4. 5. b. c. 2.Section 78-1437(3): Supplementary Requirements and Restrictions - Accessory Buildings- Plumbing. “Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it Is the policy of the Cit} to limit residential development density to the allowed densities within the respective zoning dbtricts, plumbing In accessory buildings shall be regulated as follows: 1. The provision of _etc~. losttiladon of ».etc_ Installation of any combination of fixtures requiring wastewater plumbing tbat indudes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height, which meeto one of the following criteria: a. The accessory building has been approved for a 'Guest House' conditional use permit; or b. The accessory building has been approved for a 'Plumbing in Accessory Building' conditional use permit" 2. 3. 3. Section 78-1434; Oversize Accessory Structure Standards Background Because the City will not accept continuation of the Guest House use without 4.0 acres of dry buildable land, applicant has chosen to pursue a Plumbing in Accessory Building CUP. Discussions at the Council level established that removal of the kitchen facilities from the existiny yiu»st structure would be required, but the plumbing would be allowed to remain subject to apolican^ successfull y obtaining a CUP. The lot line rearrangement approval does not take effect until the Plumbing in Accessory Building CUP is obtained. a i,