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FILE # 16-3862 <br />15 Sept 2016 <br />Page 6 of 6 <br />6. In subdivision approval, the setback required for the oversize accessory structure <br />shall remain. <br />Septic System Status <br />The property is served by City sewer. <br />Practical Difficulties Statement <br />Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br />should be asked for additional testimony regarding the application. <br />Practical Difficulties and Conditional Use Permit Analysis <br />Staff finds the criteria permitting a guest house conditional use permit have been satisfied. It is <br />not feasible to reduce the garage's footprint (deck and footprint) to gain compliance as the <br />building itself is 13 square feet above what is permitted. Therefore regarding the variance to <br />expand the existing detached garage for use as a guest house because all setbacks and height <br />requirements will be met, staff finds it reasonable. <br />Engineer Comments <br />The City engineer has performed a cursory review of the site plans and identified no immediate <br />concerns. A comprehensive review of the plans will be conducted at the time of the building <br />permit application. <br />Public Comments <br />No public comments. <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the <br />property in a reasonable manner which is not permitted by an official control? <br />2. Does the Planning Commission find that the CUP and variance(s), if granted, will not <br />alter the essential character of the neighborhood? <br />3. Does the Commission find it necessary to impose conditions in order to mitigate the <br />impacts created by the granting of the requested CUP and variance(s)? <br />4. Are there any other issues or concerns with this application? <br />Planning Staff Recommendation <br />Staff recommends approval of the CUP for the guest house use and variance permitting the guest <br />house as proposed. Staff recommends there be no expansion of the deck or footprint during the <br />remodel which results in additional structure (specifically, the proposed deck expansion should <br />not be permitted). <br />Approval of the CUP for the guest house will also require the guest house and OAS covenants be <br />recorded against the property. <br />