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

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of an accessory building with no principal structure. It appears that some sort of vehicle repair work and/or salvage operation previously occurred unlawfully on the Subject Property (past code enforcement letters regarding junk vehicles and cannabilized parts were found in the Property File). That dates back to the early 1990s. Even if that past use (motor vehicle repair) had been lawful, non -conforming, it appears that it has not occurred on the Subject Property for at least twelve (12) months, which voids that designation. After conferring with the City Attorney, use of the accessory building for personal storage is permitted. Any commercial type of use though does not appear to comply with City Code based on the zoning designation and the Home Occupation standards. Furthermore, within the Property File, there is a signed letter from the individual that originally constructed the accessory building stating that the building was to be used exclusively for the storage of personal property and that no business operation shall be conducted there. There are at least two (2) other properties within the city with similar circumstances (accessory building with no principal structure). It is likely that Staff will bring forward a similar case to address those at a future date. However, there is a closing scheduled for August 12, 2018 for the purchase of the Subject Property and the buyer is seeking resolution to how the building can legally be used (see attached letter from buyer). The interested buyer has noted that he works on vehicles 'on the side' and not as a full time job. He has stated that his desire is to move the vehicles he is working on out of his neighborhood and into this accessory building. Alternatives Alternative #1: Confirm use of the accessory building on the Subject Property for personal storage only. The accessory building was designed for personal storage and was compliant when it was orginally constructed. The fact that it now is on a parcel with no principal building (Subject Property was sold into separate ownership) should not result in an improper (non -compliant) use today. This is an existing accessory building that was lawfully constructed and allowing its use for personal storage seems appropriate without changing the character of the surrounding neighborhood. As long as the accessory building is used only for personal storage and there is no vehicle repair work, even of personal vehicles, conducted on the Subject Property, Staff would support this alternative. Alternative #2: Direct Staff to inform potential buyers and the seller that there shall be no use of the existing accessory building until such time that a principal building (home) is constructed on the Subject Property. The accessory building was lawfully constructed and only later was the land sold into separate ownership creating the non -conformity. Also, locating a home on the Subject Property may be challenging based on the depth of the parcel (roughly 120 feet), the required front and rear yard setbacks (forty [40] feet each), and the location of the existing accessory building. Use of the accessory building for its designed purpose (personal storage) seems a reaonable approach. After conferring with the City Attorney, Staff does not support this alternative. Funding Source: This case is being handled as part of Staffs regular duties. Recommendation: Staff recommends confirming the use of the accessory building strictly for personal storage only, at least until such time a home is constructed on the Subject Property. Action: Motion to adopt Resolution #18-166 confirming allowable uses of the accessory building on the Subject Property. Attachments Site Location Map