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FILE # 16-3862 <br />15 Sept 2016 <br />Page 5 of 6 <br />structure as a guest house is not expected to have any adverse impacts. No <br />information has been presented to indicate such. <br />10) Provided with screening and buffering adequate to mitigate undesirable views and <br />activities likely to disturb surrounding uses; The existing detached garage and <br />therefore the addition for the guest house will not be significantly visible when <br />viewed from off the property due to location on the lot. No additional screening or <br />buffering is recommended. <br />11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, <br />dust, electrical interference, general unsightliness, or other means; The proposed <br />guest house use is not expected to cause any of these undesirable impacts. <br />12) Not cause excessive non-residential traffic on residential streets, parking needs that <br />cause a demonstrable inconvenience to adjoining properties, traffic congestion, or <br />unsafe access; It is anticipated that the proposed guest house use will not generate <br />any of these undesirable issues. <br />13) Designed to take into account the natural, scenic, and historic features of the area <br />and to minimize environmental impact; The proposed guest house will not affect <br />these features or have a negative environmental impact. <br />14) All exterior lighting shall be so directed so as not to cast glare toward or onto the <br />public right-of-way or neighboring residential uses or districts; Applicants shall be <br />advised of this requirement; and <br />15) Not detrimental to the public health, public safety, or general welfare. Staff believes <br />this criterion is met. <br />A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, <br />a CUP shall remain in effect as long as the conditions imposed by the City Council are <br />observed, but nothing in this section shall prevent the city from enacting or amending official <br />controls to change the status of conditional uses. <br />Covenants Required <br />In accepting this conditional use permit, the property owner will be required to agree to the <br />filing of a covenant in the title of the property providing that the accessory building will not <br />be: <br />1. Used for a home occupation unless specifically approved by the city or if allowed by <br />this Code. <br />2. Used as a dwelling unless a guest house conditional use permit is obtained. <br />3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. <br />Additionally, as the detached garage/guest house is classified as an OAS, additional covenants <br />are applicable as follows: Such structure shall be allowed only when the property owner <br />agrees and covenants in writing with the city as follows: <br />4. No future subdivision will be approved that places the structure within a lot that has <br />no principal structure, except that the city in its subdivision approval may grant a <br />finite time period in which the oversized accessory structure may remain without a <br />principal structure, in order that a principal structure may be constructed. At the end <br />of this time period, the oversized accessory structure must be removed if no principal <br />structure has been constructed. <br />5. If the property is subdivided, the oversize accessory structure and principal structure <br />will be located together within a lot that meets the minimum lot area requirement <br />for the given size of accessory building. <br />