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#03-2929 <br />October 23,2003 <br />Page 2 <br />Background <br />The proposed plans included a kitchenette with range, sink and refrigerator, which could easily allow <br />this building to function as a small guest house as designed. However, the property does not contain <br />adequate acreage for a guest house CUP (w ould need 4 acres in this 2-acre zone). At the Planning <br />Commission meeting applicant agreed to remove the kitchenette from the proposal. <br />The proposed structure and its associated driveway are all within the 75-250* zone. This building will <br />replace a smaller existing storage building located northeast of the house. Significant portions of the <br />existing residence are within the 0-75* zone. The new accessory building and driveway would <br />increase hardcover beyond the hardcover allotment for the property absent any removals. Applicant <br />submitted a hardcover removal plan that would result in the overall hardcover limit on the property <br />being met, so that no hardcover variance is required. The structure will meet all pertinent setbacks. <br />Planning Commission had no problem recommending approval despite the fact that the property is <br />slightly less than the two acre requirement for the accessory building plumbing CUP. <br />Planoing Commission Recommendation <br />The Planning Commission reviewed this item on September 15 and on a vote of 7-0 recommended <br />iq>proval of a CUP for plumbing in the accessory structure, subject to the following conditions: <br />1. <br />a. <br />b. <br />The property owner must agree to the filing of a covenant in the title of the property <br />providing that: <br />the accessory building will not be used for a home occupation unless <br />specifically approved by City or if allowed by City code; <br />the accessory building will not be used as a dwelling unless a guest house <br />CUP is obtained (site is not large enough to qualify); <br />the accessory building will not be rented, leased or otherwise provided <br />for use as a dwelling under any circumstances; <br />the accessory building shall not be fitted with a kitchenette (kitchen sink, <br />range or refrigerator); and installation of such fixtures in the future shall <br />be considered a violation of this covenant w hich the city may enforce. <br />c. <br />d. <br />2.Applicant shall remove the excess driveway hardcover prior to the footing inspection <br />for the proposed accessory building. <br />Please review the Planning Commission minutes of 9-15-03 in regards to comments by the adjoining <br />property owner, Ed Callahan. <br />Staff Recommendation <br />Staff recommends approval per the Planning Commission recommendation. <br />COUNCIL ACTION REQUESTED <br />Adopt or amend the attached resolution.