09-20-2004 Planning Packet - Laserfiche WebLink

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L Ron Moortc July 1,2004 Patel landowier Is due to circumstances unique to the property not created by the tando' -< r, and the variance if granted will not alter the essential eharaeter of the locality. The Council has broad discretion to grant variances, but may not gram a vanance for any use not permitted m the zoning district In this case, the ‘Use” is aenvate earaeecroarkina space, which a a listed accessory use in the R districts Use of a private garage or parking space to store a large veliicle on residential pjoperiy IS allowed subject to meeting the performan'e standards established for that use in the code. □ With regards to conditional uses, a conditional use is, by definition, a use that is penmned in a zoning district if certain established conditions or ‘perfomiance standards* are met. If the perfcnnance standa.'ds established by code ate met, lire Council generally must grant ilic CJ?. Tlierefore, to ensure that the possible negative impacts of a given conditional use are addressed and accounted for. the performance standards must be cat efully crafted Also note ilia: CUP’s at c issued for a panicular use, not for a particular person. Ifapi operty owner is gi anted a CUP, that CUP goes wii’r the property and the new owner can continue the use if all the original conditions arc met If Council chooses to proceed toward an amendment of the code to allow large vehicle storage as an allowed conditional use in the 2-acre and 5 • acre zones, we would be sending the message that such storage IS generally acceptable in those zones, subject to meeting the perfonnance standards. But if the performance standards then provide limitations so stnet that few properties can qualify for the CUP, we shouldn't be allowing the use via CUP (or we should be ready for more vanance requests). For examplr, we probably should not allow storage of large vehicles in the 2-ai re zone via CUP if one of the performance standards is to have a 5-acre lot, since a majonty of 2-acve zone properties won ’t meet the 5-acre standard. However, if the CU? would be made available to only existing uses, Uien we would not be opemiig this up any w ider than necessary to deal with existing suuations Please let me know how you think we should proceed, and whether this item should be placed on the council's July 12 agenda