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recommends approval of the amended resolution granting a conditional use permit for a <br />non-rental guest apartment above the attached garage. __________________—------ <br />Background ■ ^ j- <br />The applicant received variance approval in August 2003 to allow several improvements including <br />replacing the existing detached garage with a larger building. Included in that August, 2003 request <br />were two conditional use permits for plumbing in an accessory building and a non-rental guesi <br />apartment above the existing attached garage, a variance for a separate utility meter for the non ­ <br />rental guest apartment and a hardcover variance for the 75 ’-250* lake setback zone. The approval <br />was conditioned on removal of 1,036 s.f. of driveway hardcover as the property s 75 -250 <br />hardcover level was 35% when only 25% is allowed. <br />In late June of this year staff performed a site inspection as the variance noted above was about to <br />expire and staff had learned that the work had already been completed. Following the site inspection <br />and inquiries with the Inspections Department it was discovered that many improvements were made <br />without permits, including improvements to the detached garage 8.4 feet from the side lot line. An <br />after-the-fact side yard setback variance is now required in order to approve the changes made to the <br />detached garage. <br />The applicant has also requested that the previous resolution approving two conditional use permits, <br />a variance to one of the CUP’s, and a hardcover variance be amended to approve only the CUP for <br />the non-rental guest apartment, as that work was also conducted without a permit. This is the <br />resolution set to expire this month. Staff has agreed to do this as there is no basis to deny the CUP <br />request for a non-rental guest apartment as all the conditions can be met and the review was already <br />completed. All other CUP’s and variances approved will become null and void with the amended <br />resolution. This revised resolution will appear before the City Council for approval. <br />Planning Commission Recommendation <br />The Planning Commission voted 6-0 to recommend approval of the after-the-fact side yard setback <br />variance to permit the garage to remain 8.4 ’ from the side lot line when 10’ is normally required, <br />stipulating that 800 s.f. of hardcover is removed from the 75 ’ - 250’ lake setback zone. <br />The Planning Commission determined that the garage was rebuilt and the property must therefore <br />undergo a hardcover review. The Planning Commission stated that the hardship for the side yard <br />setback was the existing slab’s location to the lot line, being the applicant’s reused that slab in an <br />effort to raise the garage and that the encroacliment was at one comer rather than an entire side. <br />Staff Recommendation <br />Approval per the attached Resolutions. <br />COUNCIL ACTION REQUESTED <br />1. Adopt the attached Resolution granting an after-the-fact side yard setback variance <br />for 2480 Old Beach Road. <br />2.Adopt the attached Resolution for an amended CUP for the non-rental guest <br />apartment.