Agenda - Council - 06/23/1998 - Laserfiche WebLink

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CASE # 7 REQUEST FOR A CONDITIONAL USE PERMIT TO EXCEED THE TOTAL ACCESSORY STRUCTURE SPACE AND THE MAXIMUM SINGLE ACCESSORY STRUCTURE SIZE RESTRICTIONS; CASE OF JON AND RITA HAMANN By: Zoning Administratoj' Sylvia Frolik Background: On April 24, 1998, the City received an application from Jon and Rita Hamann for a conditional use permit to exceed the total accessory structure/garage space allowed and the maximum single accessory structure size restrictions on their property at 6319 143rd Lane N.W. Notification: In accordance with State Statute, City Staff attempted to notify property owners within 350 feet of the subject property of the public hearing and request for a conditional use permit. Observations: The subject property is 1.08 acres in size and is restricted to a total of 1,664 square feet of garage and accessory building space. In addition, there is an 800 square foot size restriction on any single accessory structure. The Hamann's currently have a 576 square foot attached garage. They are proposing to construct a 1,200 square foot accessory building in which to store personal and recreational vehicles and equipment. The addition of the proposed 1,200 square foot accessory building will increase the total garage space on the property to 1,776 square feet, which is a 112 square foot overage. It also represents a 400 square foot overage in the size restriction for any single accessory structure. The City has approved overages in accessory buildings in the past. The Planning Commission conducted a public hearing on June 2. A resident of Hunter's Hill noted that the other homeowners in the neighborhood were advised to confine their structures to 1/2 of the lot, which usually meant tucking the accessory garage in somewhere behind the house, not up front near the road like Mr. Hamann is proposing. The code language to which the resident was referring states that "buildings shall be sited on their respective lots with respect to future resubdivision as provided for in Chapter 9.03 regarding subdivisions, as if those future lot lines were recorded". The intent of this language was to require development of a lot to be in accordance with the future resubdivision plan on record so as not to hinder future resubdivision if and when city sewer and water is installed in the neighborhood. This provision of the City Code has not been absolutely enforced, especially when there is not a resubdivision plan on file at the City, which is the case with Hunter's Hill. The established policy is to advise property owners that confining their structures to 1/2 of the lot may be in their best interest if and when their property is eligible for resubdivision.