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r <br />f <br />w. <br />Additional conditions of Resolution #2204 related to the <br />caretaker residence and the use of Fox Street during <br />construction and are not pertinent to this review. <br />10. The applicants executed and filed the required covenant <br />in the chain of title of the property and constructed a <br />sports center of actual floor area 13»866 s.f.r 2»989 s.f. <br />less than originally approved. The building was completed <br />and a certificate of occupancy was Issued on August 15f <br />1989. <br />11. On August 14, 1989, the City Council adopted Ordinance <br />72, Second Series regulating the location, area and height <br />of accessory structures. Ordinance 72, Second Series was <br />published and became effective on August 28, 1989. The <br />effect of this ordinance was to allow construction of <br />accessory structures in excess of 1,000 s.f. as a permitted <br />use, the allowed footprint area increasing with acreage, <br />subject to more restrictive setback requirements, and <br />subject to the property owner executing a covenant that <br />stipulatesI <br />A. No future 3'.'bdlvision will be approved that places <br />the structure within a lot that has no principal <br />structure, except that the City in its subdivision <br />approval may grant a finite time period in which the <br />oversised accessory structure may remain within a <br />principal structure, in order that a principal <br />structure may be constructed. At the end of this time <br />period the oversized accessory structure must be <br />removed if no principal structure has been constructed. <br />B. If the property is subdivided, the oversized <br />accessory structure and principal structure will be <br />located within a lot that meets the minimum lot area <br />requirement for the given size of the accessory <br />building. <br />C. In subdivision approval, the setback required for <br />the oversized accessory structure as defined herein <br />shall remain. Such covenants shall be binding on <br />current and future property o«mers and shall be filed <br />in the chain of title. <br />Page 5 of 10