Agenda - Council - 12/10/2019 - Laserfiche WebLink

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CC Regular Session 5. 10. Meeting Date: 12/10/2019 By: Chloe McGuire Brigl, Community Development Information Title Adopt Resolution 19-300 Approving Accessory Structure Agreement for 6210 Green Valley Rd; Case of Eric Thomsen Purpose/Background: The City has received an application from Eric Thomsen (the "Applicant") for a Building Permit for an approximately 1150 square foot detached accessory structure at the property located at 6210 Green Valley Rd (the "Subject Property"). The floor plan for the detached accessory building indicates that the accessory structure would: • Act as Farm Offices for the onsite agricultural use • Have dedicated: kitchen space, workshop space with floor drain, separated office, bathroom with toilet, sink and shower. Per City Code Section 117-349(d)(8), the City prohibits detached accessory buildings from containing complete independent living facilities (accessory apartments) which are defined as having three or more of the following: permanent provisions for living, sleeping, eating, and sanitation. Staff notes there is living space, kitchen space (including a fridge, sink, oven with no cooktop, and ice maker), and a bathroom. The building is heated as well, which would lend itself to future living or event space. Additionally, City Code Section 117-351 governs home occupations. The layout does lend itself to becoming a commercial operation. This agreement will protect the City from this becoming an unauthorized home -based business. The Owner does operate a development/construction business, but that would not operate from this location. The Applicant has maximized the amount of detached structures allowed onsite per the City Code. Any future detached building, including a small shed, would require a Conditional Use Permit (CUP) as the Code is currently written. Notification: Notification is not required. Observations/Alternatives: City Code Section 117-349(d)(8) prohibits accessory buildings from containing complete independent living facilities (accessory apartments). This is defined as have three or more of the following: permanent provisions for living, sleeping, eating, and sanitation. While it does not appear that the proposed detached accessory building would be utilized as an accessory apartment, it seems that it may have the potential to be used in that capacity in the future. Thus, Staff has drafted an Accessory Structure Agreement outlining how the building may be used and specifically prohibits its use now, or in the future, as an accessory apartment or an unapproved home occupation. The detached accessory structure appears to meet all applicable zoning standards regarding size, exterior finish, setbacks, etc. As proposed, the Applicant will need to work with the Building Division to ensure compliance with septic regulations and to obtain any other applicable permits (septic, electrical, etc.). Staff does not believe that the Applicants will utilize the space as an accessory home or for sleeping space, but does believe that future homeowners could utilize the space as an event center, site for a home -based business, or have someone live in the space. The Applicant actively farms the property and would utilize the space for farm offices.