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Zoning File #2187 <br />November 14, 1996 <br />Page 4 <br />the removal of the detached garage located 123' from the lake and the construction of new additions <br />located 140' from the lake is a positive improvement to the conformity of the property. It may be <br />more difficult to make the finding that removal of that garage and construction of new additions <br />involving greater square footage than the garage and located 126' from the lake, is a positive <br />improvement in conformity. Perhaps it is at best an equivalent tradeoff. <br />Average Lakeshore Setback <br />As with the June application, since there is no adjacent lakeshore reai^t* ''•c directiy to the west, the <br />encroachment is reasonably defined by the lake setback of the house to the east. Resolution No. <br />3737 found that removal of the existing garage and construction of a new attached garage and room <br />as proposed would result in a reduction of the existing average lakeshore setback encroachment fix)m <br />90' to approximately 75'. The current plan similarly proN'ides potential additional views of the lake <br />to the neighboring property, and does not provide any additional view encroachments. The proposal, <br />therefore, has a positive impact on the neighboring property based on the intent of the average <br />lakeshore setback ordinance. <br />Guest Apartment Conditional Use Permit <br />Please review Exhibit H, the standards for a non-rental guest apartment. As a guest apartment which <br />is within the principal residence structure, there is no "double lot area" requirement. However, the <br />requirements for a guest apartment conditional use permit were developed by the Planning <br />Commission and Council in 1987 to make sure that guest apartments do not become rental units, and <br />that such apartments are constructed so as not to be construed as duplex units either visually or <br />functionally. The guest apartment standards in Section 10.20 include the following: <br />1. <br />2. <br />The apartment must be within the principal residence structure on the lot. <br />It is for the sole use of the occupants of the principal residence including their domestic <br />employees or non-paying guests. <br />3.There shall be at least one access door to the apartment from within the principal structure, <br />and such door shall be the primary access to the apartment. <br />4.Application for a guest apartment CUP shall address parking, sewage treatment, entrywa> <br />and interior access methods. <br />5.Apartments shall not have utilities metered separately from the principal residence <br />and shall not have a separate street address.