Agenda - Council - 11/25/2008 - Laserfiche WebLink

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Interim Use Permit for Accessory Structure Overage At this time, the subject property has a 480 square foot detached garage, a 1,500 square foot accessory structure, for a total of 1,980 square feet of accessory space. The subject property would be allowed a total of 5,100 square feet of accessory structure space. Following the initial recommendation for denial of a Conditional Use Permit (CUP) for an accessory structure overage, the Applicant has agreed to remove the existing 1,500 square foot accessory structure following completion of the proposed structure. The Applicant amended the request to an Interim Use Permit to allow sufficient time to complete the proposed structure. The Applicant is now requesting a 4,400 square foot accessory structure to maximize the total amount of accessory structure space allowed on the parcel once the existing 1,500 square foot structure is removed. City Staff would recommend collecting a $2,000 escrow to ensure the existing structure is removed following the expiration of the Interim Use Permit. If the overage of accessory structure space were to be approved, the total amount of accessory structure square footage would be 6,380 square feet. This would equate to a total of a 1,280 square foot overage for an interim period of time. It appears that much of the space in the proposed accessory structure will be used for the commercial tree service currently operating on the subject property. A new accessory structure will aide in reducing the visibility of the home . occupation by allowing the commercial vehicles to be stored inside. However, given the nature of the need for additional space to accommodate the tree service lends itself to becoming a large scale commercial operation. Furthermore, City Code states that the area set aside for the home occupation in attached or detached accessory structures shall not exceed total accessory building space or height allowed on the site of the home occupation. This was the basis for the original recommendation for denial of a conditional use permit. However, given that the Applicant has agreed to remove the existing 1,500 square foot structure, this interim use permit will give the Applicant sufficient time to construct a new accessory structure for storage of business equipment prior to removing the existing structure. Recommendation: Planning Commission met on November 6, 2008 to hold a Public Hearing for requests for a home occupation permit and an interim use permit. The Planning Commission recommended approval of the home occupation permit, subject to working with City Staff to place additional restrictions on hours of operation for the noisier activities relevant to the home occupation. The Planning Commission recommended approval of the interim use permit. Funding Source: The Applicant is responsible for all costs associated with processing the applications for a home occupation permit and an interim use permit. —159—