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«04-297( <br />February 20,2004 <br />Pagc4 <br />Staff would strongly recommend against granting a variance to the dry-buildable-area requirement to allow <br />this guest house use. That has not been varied in past guest house approvals, and would set a negative <br />precedent in terms of the density issue discussed above. <br />When the terms of an allowed use are abused by a property owner, the City typically relies on a <br />neighborhood to inform us of the problem situation. The code was designed to plan for the worst possible <br />scenario situations, and when a consistent pattern of approvals and enforcement has been followed, <br />enforcement is relatively easy. However, if the Council waivers from the consistent pattern of rqrprova’s <br />to accommodate a special situation, future enforcement can become more difficult. <br />Finally, recall that the 'plumbing in accessory building CUP’ standard covenant includes the following <br />elements: <br />1. No use for home occupation purposes <br />2. No use as a dwelling without a guest house CUP <br />3. No rental or leasing for use as a dwelling <br />Options for Consideration: <br />1. Approve the plumbing in accessory building CUP and require removal of kitchen sink uid any <br />other kitchen facilities, require standard covenant execution. <br />2. Approve the plumbing in accessory building CUP and require removal of all kitchen facilities, and <br />allow the kitchen sink to remain merely as a basin, not as a source of water, by removing its <br />supportive plumbing, requite standard covenant execution. <br />3. Table the application, direct Planning Commission to make a recommendation regarding apolerkial <br />code amendment and clarifications that would clearly establish CUP standards for various levels <br />of use, based on the applicants’ intended levels of use rather than on the extent of facilities <br />provided. <br />COUNCIL ACTION REQUESTED <br />Determine how you wish to proceed on this matter.