02-09-2004 Council Packet - Laserfiche WebLink

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«04>2976 January 13,2004 Pages It should be noted that the existing guest house is located very near the north boundary of the property; this was reviewed and found acceptable during review of the CUP granted in 1990. Neighborhood conditions have not changed substantially since that time. Septic System Capability; Sewer Pending 1801 West Farm Road has been confirmed to have a site for construction of a 5-bedroom mound system should the need arise to replace the existing system serving the house and accessory building. However, the City Council has received and acted on a petition by this neighborhood for municipal sewer, and it is anticipated that the property will be served by municipal sewer in the relatively near future. CUP Standards per 78-903(17) Lot Area The property contains the required 2.0 acres of land, meeting Condition 3 of Section 78-303(17). Building Conformity The property does not appear to abut Long Lake and is not considered a lakeshore lot. While the accessory building is conforming as to height, it is nonconforming as to size and location. The structure consists of two buildings • an old stable and a newer garage, connected by a circulai room. The total square footage is approximately 1075 s.f., which would place this building into the category of an ‘oversize accessory stmcture’ subject to principal structure setbacks (50' front, 30' side) and not nearer the street than the principal residence structure. However, this building is located approximately 49' from the cul-de-sac where a 50' setback would be required, and it sits between the house and the street. Further, its location ranges from 1.5' to 6' from the north side lot line. This building was allowed to be established in 1990 via Resolution No. 2854 which made the following finding regarding its location: "b. The property owner to the immediate north that receives the most visual impact from the intensification of the stmcture has submitted written approval of the project. That property owner’s house is located 150' east of the project.” The building today is screened from the north by vegetation existing on the adjacent property. Staff believes the neighborhood visual impact today is as minimal as it was in 1990. Covenant Requirement It is assumed that the property owner will agree to the covenant requirements, including: - the building will not be used for a home occupation; - the building w ill not be used as a dwelling; and - building will not be rented, leased or otherwise provided for use as a dwelling.