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Zoning File #1971 <br />October 7. 1994 <br />Page 2 <br />T| <br />i <br />I I <br />r <br />Request for Ccmditioiial Use Permit <br />Applicants propose the reconstruction of a detached garage/stable with a new two story garage <br />with additional living area expansion. The footprint of the detached structure will be 38 ’x24’ <br />with a first floor level covered porch addition at the south side of structure. The new strocture <br />will be constructed with the same exterior material/finish as the residence structure. <br />Per Exhibit B, applicants* addendum, applicants note that it is not their intention to create a <br />studio apartment or guest house within the proposed living space of the detached garage <br />currently under construction. The issue for the building staff in doing the plan review is that <br />the structure will have plumbing and heating and living space will be for year round use. There <br />is a full bathroom on the lower level with a shower and the auxiliary room adjacent to the <br />bathroom area shall be equipped with a large work sink. The sink will serve the applicants with <br />their painting/design projects. It is possible that this same type of sink could function for <br />laundry and kitchen use. The only element needed to convert this structure to an independent <br />residential unit would be the plugging in of a stove and refrigerator. The structure as proposed <br />could function as independent residential '- .nit. <br />As noted above, the code would require 10 acres in area to support two residential units. The <br />property consists of 2.8 acres and would never be approved for guest house use The code does <br />not address living space expansions within detached garages or other detach>i structures on a <br />property. There are no code prohibitions or restrictions in the zoning code which disallow the <br />proposed use. The problem is the potential for violations of the zoning code with unauthorized <br />expansions of the living space to more intense unauthorized use. <br />Review Exhibit B as it relates to applicants* use of the studio area. The studio or work area for <br />both applicants woulW appear to be accessory to their principal employment serving as expanded <br />work area/space. <br />Issues for Consideration <br />1.The lot contains 2.8 acres and would never meet the area standard for a second <br />residential unit. Does the mere denial of a conditional use permit being filed on the <br />chain of title provide adequate controls for the proposed living space area? Should other <br />modifications be made in the proposed improvement plan that would provide greater <br />protection to the City for unauthorized expansions in use? Members shared comments <br />on the following proposed improvements: