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1^04-3013 <br />May 17, :v»04 <br />Page 3 of 4 <br />Conditional Use Permit Analysis <br />Section 78 - 418 (16) establishes a number of conditions that must be met to receive <br />approval of a conditional use permit for plumbing in an accessory building. <br />Approval shall be granted only when the following criteria are met; <br />a. The council finds that the proposed use of the accessory structure with plumbing will <br />not be detrimental to the residential character of the neighbori.ood. <br />The existing detached garage has existed for almost a year and the applicant s <br />property is of sufficient size to support the bathroom without the residential <br />character of the neighborhood being compromised. <br />b. The council finds that the plumbing fi.<tures proposed are in keeping with the <br />intended use of the accessory building. <br />The applicant is proposing a toilet, shower and sink within the upper '/: story of the <br />detached garage These fixtures do not indicate any significantly intense use which <br />cannot be supported within the detached 2-stall garage. <br />c. The property is 2.0 acres in area or larger. <br />The applicant's propety / > in excess of 6 acres. <br />d.The accessory building is confonning in location, size and height. <br />The existing detached garage meets all setback requirements, is in conformance with <br />size restrictions of the accessory structures section of the Zoning Ordinance, and <br />meets the 30' maximum height restriction. <br />e. 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 />1.Used for a home occupation unless specifically approved by the city or if <br />allowed bv this Code. <br />2.Used as a dwelling unless a guest house conditional use permit is <br />obtained. <br />3. Rented, leased or otherwise provided for use as a dwelling under any <br />circumstances. <br />The applicant has agreed to the filing of this covenant in the chain of title on the <br />property. <br />Therefore, it is staff s opinion that all of the above criteria are met and that the <br />conditional use permit should be granted.