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FILE #07-3326 10 October 2007 Page 3 of 3 residential character of the neighborhood. The accessory structure will serve as detached garage and will not alter or be detrimental to the residential character of the neighborhood. The plumbing fixtures proposed are in keeping with the intended use of the accessory building. The plumbing fixtures proposed are toilet and lavatory. They are appropriate for the use within the detached garage. The property is 2.0 acres in area or larger. The property is 2. 76 acres in area. This criterion is met. The accessory building is conforming in location, size and height. The accessory building meets the side and rear setbacks and is proposed to be meet the City's height requirements. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Staff finds that the conditions of approval have been met and the property owners will agree to a covenant stating the above stipulations upon Council approval. The garage will not interfere with the current septic mound, nor will it interfere with the alternate mound location. Additionally, the plumbing within the proposed detached garage is not considered an expansion to the current septic usage as usage is regulated by the number of bedrooms. There will not be a bedroom within the proposed garage. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the variance and conditional use permit subject to filing a restrictive covenant in the property title. 3