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To: Planning Commission From: Jeanne A. Mabusth, Zoning Administrator Date: ,Tune 11, 1985 Subject: #926 Judson M. Dayton, 1655 Bohn's Point Road - Conditional Use Permit Zoning District - LR-1B Pertinent Ordinance - Section 10.20, Subdivision 3 (G) Application - Conditional Use Permit required for non -rental, second residential unit on property. The residential unit will be a quest apartment located above a detached garage. Total Area - Approximately 2.4 Acres List of Exhibits Exhibit A - Application Exhibit 8 - Property Owners List Exhibit C - Plat Map Exhibit D - Survey of Tract D, E, F, G, I1 & Registered Land Survey 565 Exhibit E - Survey of Dayton's Property Exhibit F - Building Permit for Garaqe/Guest House At the time of the building permit application review for a detached garage, the contractor advised that Dayton planned to con- struct a guest apartment within the second floor area of the proposed 28.5 x 36.5 detached garage to be located on Tract D (see Exhibit D & E). The applicant had just purchased Tracts D, E, F, G, H and I z:djacent to his homestead site, Lot 6, Ordinance Subdivision 349. The total area of the combined tracts totaled 34,964 s.f. or 80%. Per Section 10.03, Subdivision 6 (A) (1) the tracts, if combined, would qualify for a single family dwelling use without Council approval. The proposed structure is clearly accessory like in both use and look. If the tracts are not combined with Lot 6 and the detached structure and use not formerly identified as quest house and accessory to a principal residence, the substandard property (80% of area) with an existing guest house could be sold as a potential new buildinq site. Section 1.0.03, Subdivision 6 A,(1) clearly advises that such a pro- perty shall not be more intensely developed unless combined with one car more abutting lots or portions thereof so as to create a lot meeting the requirements of the given zoning district. The building site could never support a second residential unit. There would be no additional vacant lands available for combination. The applicant accept he City's position. Dayton was advised that all tracts had to t- -;fined with Lot 6 as one building site containing 2.4 acres before a buildinq permit could be issued the detached garage. Review Exhibit F, the building permit was issued upon complete application for the conditional use permit and with the understanding that no plumbinq would be allowed to be installed within the kitchen area or bathroom of the apartment.