01-20-1987 Planning Minutes - Laserfiche WebLink

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■ "T MINUTES OF THB PUmim C»MISSIOH , I TING HELD JANUARY 20, 1987 #1090 HOLLANDER CONTINUED d) Regarding the accessory structure on Lot 1- there is an existing rental house. Because there is a subdivision now that would essentially create a 2 acre single family residential lot, staff recommends that this second house be removed within 6 months of final plat approval. He noted that the other option of the house remaining as a "guest" house would require lot widthy'area variances. Attorney Rurik contended that because they have a pre-existing use as a non-conforming structure (same a-' the barns) in the previous subdivision, the City cannot require its removal. However, the City can prohibit rental of the house. Assistant Zoning Administrator Gaffron stated t;hat the barns, if considered as storage structures, are a conformxng use, but the rental use of the second house on Lot 1 is a non-conforming use which would require a "use variance" if allowed to continue, while guest house use of that structure is a new conditional use that does not meet the performance standards for such a conditional use. Gaffron stated that another alternative would be removal of the plumbing from the house and use for storage only. Because staff has not discussed the legalities of the rental house with the City Attorney, Rurik stated he would discuss this issue with the City Attorney between this Planning Commission meeting and the Council meeting. Assuming the City can legally require its removal. Planning Commission felt the house should be removed. e) Regarding Lot 2- the house does not meet required front setback, requiring a variance. Planning Commission had no problem with the variance being granted. Again, Rurik contends that this is a "grandfathered" non-conforming structure. He recommended that the Planning Commission act and make their recommendatrons as they see fit, and let the legal aspects up to the Council and City Attorney. 8