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Home My WebLink AboutLA21-000018 (3500 Bayside Rd) Ex D PCSRDate Application Received: 02/10/2021 Date Application Considered as Complete: 02/16/2021 60-Day Review Period Expires: 04/17/2021 To: Chair Ressler and Planning Commission Members Ron Olson, Interim City Administrator From: Melanie Curtis, Planner mcc Date: 15 March 2021 Subject: #LA21-000018, Glenn Solie, 3500 Bayside Rd, CUP Public Hearing Background The applicant wishes to install full bathroom facilities in a proposed 2,240 square foot detached garage. A conditional use permit is required due to the proposed shower. As the building is considered oversized, additional covenants will be applied. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-418(6)) The proposed building is permitted. The applicant’s request to install a bathroom with full bathing facilities requires a CUP. The building is a conforming size, and proposed in a conforming location. Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by a private septic system and private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. Application Summary: The applicant is requesting a conditional use permit to install a full bathroom, including shower, in a new accessory garage building. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA20-000059 19 Oct 2020 Page 2 of 3 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed building is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The garage including plumbing is residential in visual character and is expected to be compatible with the house on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed building is expected to be residential- looking in character and consistent with that of the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the building which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The garage will be situated in a conforming location and will not be visible when viewed from off the Property on the street side, and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants’ intended use of the accessory building. FILE # LA20-000059 19 Oct 2020 Page 3 of 3 3. 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. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner as allowed by the Zoning Code? 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owners’ agreement to the filing of a covenant in the title of the property addressing the plumbing, providing that the garage will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Proposed Survey Exhibit C. Proposed Plans and Elevations Exhibit D. Property Owners List Exhibit E. Plat Map