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FILE #07-3326 <br />10 October 2 007 <br />Page 1 of 3 <br />Date Application Received: 09/25/07 <br />Date Application Considered as Complete: 09/25/07 <br />60-Day Review Period Expires: 11/25/07 <br />To: <br />From: <br />Date: <br />Subject: <br />Chair Kempf and Planning Commission Members <br />Ron Moorse, City Administrator <br />Melanie Curtis, Planning & Zoning Coordinator (V1.fJ <br />IO October 2007 <br />07-3326, Theodore & Mary Shultze, 744 Brown Road North <br />• Front Setback Variance & Conditional Use Permit for Plumbing in an Accessory <br />Structure <br />• Public Hearing <br />Zoning District: <br />Lot Area: <br />Lot Width: <br />LR-IA, One Family Lakeshore Residential District, 2 acres/200' <br />2.76 acres (120,087 s.f.) <br />±82' at the road <br />Application Summary: The applicant is requesting a variance to allow a detached garage <br />to be located between the principal structure and the street. A conditional use permit for <br />plumbing within a detached garage is also requested. <br />Staff Recommendation: Planning Department Staff recommends approval of the setback <br />variance and the conditional use permit in conjunction with a covenant pursuant to Code <br />Section 78-303(17). <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-303. Conditional uses. <br />Within any LR-IA one-family lakeshore residential district, no structure or land shall be <br />used for the following uses except by conditional use permit: <br />(17) The provision of a toilet, bathtub or shower in an accessory building. Approval <br />shall be conditioned on provision of municipal sanitary sewer or a conforming <br />sewage treatment system designed to handle the anticipated flows from the <br />building plumbing. <br />Sec. 78-1435. Location. <br />No detached garages or other accessory building shall be located nearer the front or street <br />lot line than the principal building on that lot except on lots which have frontage on a <br />lake and rear yard adjacent to a street, accessory buildings located within the street or rear <br />yards of such lots are subject to the setback requirements of section 78-305(b ), section <br />78-330(b) and section 78-350(b); except that detached garages may be located ten feet <br />from the street or rear lot line when doors face away from the street and a turnaround is <br />provided on the site. This section shall not apply to lakeshore lots divided by roadways or <br />comer lots. <br />1