Agenda - Council - 08/06/2018 - Laserfiche WebLink

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Our Mallon: To *Dill togiethet to cespoilbfy grow our community(, end to provide quality, cost-effective, and efficient government services_ CC Regular Session 7. 1. Meeting Date: 08/06/2018 By: Chris Anderson, Community Development Information Title: Adopt Resolution #18-166 Clarifying Lawful, Non -Conforming Use on the Property Identified as PID #22-32-25-23-0002 Purpose/Background: The property identified by PID #22-32-25-23-0002 (the "Subject Property"), which is located at the southeast corner of Ramsey Blvd and Alpine Drive, has an existing accessory building but no principal structure. A single owner previous owned this parcel and the adjacent parcel with the primary dwelling jointly. The existing accessory structure pre -dates current accessory structure regulations. The parcels have now been sold separately, created a non -conforming issue. The City avoids this situation under existing regulations by not allowing accessory structures on separate parcels, regardless of common ownership at the time. Presently, City Code Section 117-349 (d) (2) states that no accessory building shall be constructed on any lot prior to the time of construction of a principal building. The Subject Property is for sale and City Staff have fielded multiple inquiries on this parcel, primarily about potential commercial uses. There is a sale pending with the buyer interested in utilizing the building for primarily for personal storage but also to conduct motor vehicle repairs on the Subject Property. Notification: No notification is required. Observations/Alternatives: The Subject Property is about 3.2 acres in size and is zoned R-1 Residential (Rural Developing). The surrounding parcels range in size from about 0.4 acres to just over 4.5 acres and are all zoned R-1 Residential (Rural Developing) as well. The Building Permit indicates that the original accessory building was to 1,944 square feet in size (36' x 54'), which does comply with the square footage allotment for the size of the Subject Property. However, it appears that the accessory building was expanded at some point as it is now approximately 3,024 square feet (56' x 54'), which exceeds what is allowed by City Code. There is no evidence of a Building Permit for this expansion in the Property File. However, the City did acquire a portion of the Subject Property to facilitate construction of Alpine Drive. Prior to that, the Subject Property was closer to five (5) acres in size and it appears that the square footage of the accessory building would have been compliant if not for the land acquisition for right of way. Thus, it appears that the size of the building could be considered lawful, non -conforming. The existing accessory building was constructed in 1977 after issuance of a Building Permit. At that time, the Subject Property and the adjacent property (with a home on it), located at 15443 Ramsey Blvd, were owned by one individual and the building location was approved by the City. Over time, the Subject Property was sold separately from the home at 15443 Ramsey Blvd and now is a stand-alone, lawful non -conforming property due the existence