Agenda - Planning Commission - 02/01/1994

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CASE REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY APARTMENT IN THE R-1 RURAL RESIDENTIAL DISTRICT; CASE OF CATHY GUSTAFSON By: Zoning Administrator Sylvia Frolik Background: Cathy Gustafson has applied for a conditional use permit to maintain an accessory apartment in her home at 15823 Nowthen Blvd. N.W. Observations: The main living quarters were constructed in 1963 and an addition was put on the home in 1974. This addition is separated from the main living quarters by an atrium door and consists of a kitchen, living room, bedroom, and bathroom. This addition is also serviced by its own furnace, water heater and gas meter. In 1993, the structure was damaged by fn'e and in a subsequent inspection by City Staff, Cathy was informed that she must obtain a conditional use permit for the accessory apartment. Cathy disagrees with the need for the conditional use permit because: a) both units are occupied by family (her daughter's family lives in the main living quarters and she lives in the addition); b) neither unit is income producing; c) both units are served by the same septic system and well; d) the accessory unit has been used as such since its construction in the 1970's and she continued that use when she took ownership in 1991. City Staff has determined that the former property owner constructed the addition without properly applying for a conditional use permit and therefore the apartment is considered illegal non- conforming. It is City Staff's opinion that the design and use of the addition qualifies as an accessory apartment and as such, it should be regulated with a conditional use permit regardless of it being an income producer or not. The following items are enclosed for your review and information: a) b) c) d) e) f) g) Site location map Site plan Letter from Applicant Petition from area residents Public hearing response from Lorraine Stone dated 1/24/94 Proposed f'mdings of fact Proposed conditional use permit Recommendation: Considering the design of the home and the number of years it has been utilized with an accessory apartment, it is Staff's recommendation that a conditional use permit be granted to Cathy Gustafson. Staff is recommending that the term of the CUP be tied to Cathy Gustafson's occupancy of the home. Studies indicate that this is advisable for two reasons: 1) It prevents marketing the home on speculation of it being a double rental unit or duplex; and 2) to ensure the appearance of the structure will be maintained.