10-28-1985 Council Packet - Laserfiche WebLink

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Zoning File #97h October 24, 1985 Page 2 of 2 "outlot. A, Kelly cove, may never be used for future residential con- struction, but shall rem7.in as an open space area as density credit for existing duplex units...". However, staff's negative response at that time was based on McFnany being the sole owner -)f the proposed garage. Now, with the association as owner and the indi viduai unit owners as lessees, staffs view is that the proposed garage would not be in violation of the density credit clause. Councilman Fiahm, who was involved in the review of the Kelly Cove Subdivision and who requested the density credit wording at that time, confirms that the "open space" wording was riot intended to oreclude accessory structures. Also note that. this is not the first time an association has proposes] or constructed an accessory structure on an Outlot within a PAD (Re: Ned Dayton's French Creek project). In effect, any structures on a PRD outlot must be the property of the association or the developer, and may not be owned by individual property owners. Planning Commission at their October 21 meeting voted 4-2 to deny the application based on: 1. a literal interpretation of the original resolution approving Kelly Cove provides that the Outlot remain as open space, and 2. that allowing the garage will set a precedent for allowing future accessory structures on lots without a principal structure. The minority viewpoint indicated: 1. the garage is not a detriment to the neighborhood; 2. the garage will not create excessive run-off and will be well within the hardcover limits; and 3. they original resolution on Kelly Cove should be interpretated to mean that the outlot may not be used as density credit for any residential units over and above the existing four units, and the wording "open space" does not preclude accessory structures. Based on the: above information, staff would recommend approval. of the variance per the attached resolution draft. Please review the proposed findings in that resolution.