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CASE # I <br />Public Hearing <br />REQUEST FOR A CONDITIONAL USE PERMIT TO EXCEED THE TOTAL AMOUNT OF <br />ACCESSORY STRUCTURE SQUARE FOOTAGE AT 8150 144'u AVE NW; <br />CASE OF LEON RICHTER <br />By: Tim Gladhill, Associate Planner <br />Background: <br />On October 22, 2010, the City received a request from Leon Richter for conditional use permit (CUP) to <br />exceed the amount of square footage allowed for accessory structures located at 8150 144th Ave NW. . <br />Notification: <br />In accordance with City Code, Staff attempted to notify property owners within 350 feet of the property <br />via Standard US Mail. The Public Hearing was properly notified in the Anoka County Union. <br />Observations: <br />The Applicant is requesting a CUP to construct a 2.576 square foot one level detached accessory <br />structure on a 2.7 acre parcel within the R-1 Residential (MUSA) District. A portion of the Subject <br />Property is located within the Critical Area Overlay District. There are currently two (2) accessory <br />structures that are proposed to remain on the Subject Property upon completion of the proposed structure <br />(1,080 square feet + 96 square feet = 1,176 square feet). Total square feet of accessory structure space is <br />proposed at 3,752 square feet (1,176 square feet + 2,576 square feet). In addition, there are three (3) <br />smaller accessory structures that are proposed to be removed upon completion of the proposed structure. <br />Consistent with past policy, the City would collect $2,000 in escrow to cover legal fees in the event these <br />structures are not removed. <br />With any overage of this size, the City should ensure that the residential nature of the zoning district is <br />protected from commercial activity that operates beyond the parameters allowed by the City's home <br />occupation ordinances. The City has encountered multiple issues regarding the level of home <br />occupations with overages of this size. The proposed permit includes language regarding home <br />occupations and associated permitting requirements. In addition, current City Code does not permit <br />conversion of any portion of the proposed structure to a dwelling unit. <br />Per City Council direction, Staff is in the process of amending the City's accessory structure ordinances. <br />The intent of this amendment is to provide for an administrative process to approve certain overages. It <br />is intended to provide for flexibility in allotment of square footage in exchange for enhanced <br />architectural elements. The Planning Commission should expect to review the proposed amendments in <br />early 2011. <br />Recommendation: <br />Although the overage of square footage is rather large in this instance, City Code does not specifically <br />state a maximum overage allowed within the CUP. City Staff would recommend approval of the request <br />with providing necessary mitigation to protect from commercial activity and unapproved dwelling units. <br />1 <br />