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«04-3035 <br />July 19,2004 <br />Page 3 of 3 <br />The applicant's property lies within the 2 acre zoning district where many homes <br />have conditional use permits for plumbing. The applicants lot abuts a cul-de-sac to <br />the northeast, v.-etland to the direct north. County Road 6 to the south and a <br />substantial wetland to the west. The closest residential lot is to the east where the <br />septic sites are closer to the cabana than the house. Staff does not anticipate any <br />detrimental effects of adding plumbing to the pool cabana. <br />b. The council finds that the plumbing fixtures proposed are in keeping with the <br />intended use of the accessory building. <br />The applicant has proposed a toilet, sink, and shower which are all permitted fixtures <br />under the CUP requirements for plumbing in an accessoiy building <br />c. The property is 2.0 acres in area or larger. <br />The property is 6.5 acres in area. Even when the wetland area is deducted the <br />property would still have well over 2.0 acres of dry buildable properly. <br />d. The accessoiy building is conforming in location, «:ize and height. <br />The pool cabana is under 750 square feet where a 10' setback is required. The <br />existing setbacks are in compliance at IJS'ffom the wetland and 320' fiom Co Rd. <br />6. <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 allowed <br />by this Code. <br />2. Used as a dwelling unless a guest house conditional use permit is obtained. <br />3. Rented, leased or otherwise provided for use as a dwelling under any <br />circumstances. <br />The applicants have indicated they will not use the building for any of the uses listed <br />above. The resolution appro uig the conditional use permit for phuKling will include <br />execution of this covenant. <br />As noted above, the applicants are able to meet all standards established by the <br />conditional use permit section of the Zoning Ordinance pertaining to plumbing in an <br />accessory building. Staff cannot anticipate any negative impacts and would recommend <br />approval of the CUP request. <br />Issues for Consideration <br />1. Can the Planning Commission anticipate any lutforeseen negative impacts? <br />2. Are tt.ere any other issues or concerns with this application? <br />Staff Recommendation <br />Approval of the conditional use permit as requested stipulating the applicants agree to <br />execute the covenant mentioned herein stating the use will not be used for a home <br />occupation, dwelling unit, or rented/leased.