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#929 hyle Rahn October 17, 1985 Page 2 Rahn has presented testimony fr.om various parties stating the the 1974-1975 Minutes are incorrect or incomplete and the the i .;tent was to allow the bottom of the cabin to remain as a guest house. Staff has obtained testimony from the former and present -nc3-e}�ors indicating in general that the minutes generally ref lect the action that did occur and that the minutes in this case reflect what the usual course of action would have been in 1975. In essence we have a conflict between official records and the recollections of a number of various people. The guest house has existed as is since 1.975. The neighbors have r indicated any opposition to continued use of the structure as a guest house. A small portion of the structure is within the 0--75' setback zone, but the majority is within the 75-250' zone. The Planning Commission must make a two -fold "if -then" recommendation, based first on whether structure can remain or whether it must he removed, and secondly whether or not a Conditional Use Permit should be issued for the guest house use. The following are presenteri as tht:,,i possible courses of action for. recommendation: 1. Allow the Structure to remain, grant variances and Conditional Use Permit for guest house use. Appropriate Findings: a) The affidavits and letters submitted by the applicant are sufficient to indicate that the intent of the Council in 1974.and 1975 was to allow the structure to remain as a guest house. b) No neighbors have voiced opposition to the guest house use or to the structure as it currently exists There is no record of complaints about the past guest house use. c) The structure is partially non -conforming in that it extends approximately 3' into the 75' setback zone. d) The intended use as a guest house will not be detrimental to the neighborhood, nor will it pose a threat to health safety or welfare or threaten the surrounding properties, nor will it depreciate surrounding property values, and she use as a guest house is in keeping with the intent and objectives of the zoning code ano Comprehensive Plan. e The variances necessary to be granted are sufficiently minor so as to justify allowing the structure to remain as a guest house. The following variances -ire required: 1) Lot area - 2. U acres required f az, guest house in 1 acre zone; existing lot area v 0.65 acres; variance a 1.35 acres (10.2U Subd . 3 (G)) .,. --