06-14-2004 Council Packet - Laserfiche WebLink

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r ^04-3006 May 17, 2004 Page 5 of 6 discussed with the applicant who has stated that due to the restricted access to the detached garage (tuck-under that slopes down) elimination of the circle would not net much hardcover reduction due to the need for a back-up apron. The conditions of the attached garage create the need for a detached building to store vehicles of today’s size. Conditional Use Permit Analysis The applicant is also requesting a conditional use permit to allow plumbing within an accessory building. The applicant has proposed a recreation room above the 3-stall garage, which will include a Vi bath and hot tub. Section 78 — 418 (16) establishes a number of conditions that must be met to receive approval of a conditional use permit for plumbing in an accessory building. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. The applicant's property is of sufficient size to support the recreation use proposed with the detached building without the residential character of the neighborhood being compromised. It should also be noted that the property to the east also has approval of a CUP for plumbing in an accessory building. b. The council finds that the plumbing fi.xturcs proposed are in keeping witli the intended use of the accessory building. The applicant is proposing a % bath and hot tub within the upper '/: story of the detached garage. These fixtures do not indicate any significantly intense use of which cannot be supported within the detached 3~stall garage. c. The property is 2.0 acres in area or larger. The applicant's property is 1.955 acres of which approximately 0 7 acres are wetland The Planning Commission has consistently granted CUP's for plumbing to properties which do not meet the 2.0 acre requirement. d. The accessory building is conforming in location, size and height. The existing detached garage meets all setback requirements, is in conformance with size restrictions of the accessory structures section of the Zoning Ordinance, and meets the 30 ‘ maximum height restriction. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. The applicant must agree to the filing of this covenant in the chain of title on the property.