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Motion by Councilmember Kurak, seconded by Councilmember Zimmerman, to adopt <br />Resolution #01-10-393 approving an amended and restated development program for <br />Development District No. 1. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Kurak, Zimmerman, Anderson, <br />and Hendriksen. Voting No: None. <br /> <br />Case #7: <br /> <br />Request for a Conditional Use Permit to Exceed Accessory Building Height <br />Restrictions; Case of Jeff Welle <br /> <br />Principal Planner Trudgeon stated that the City received an application from Jeff Welle for a <br />conditional use permit to exceed the detached accessory building height restrictions established <br />in City Code on the property located at 15351 Ute Street NW. The subject property is <br />approximately 2.5 acres in size and is located within the MUSA. City Code restricts detached <br />buildings to 16 feet in height if the property is located within the MUSA area. The applicant is <br />requesting to construct a detached accessory building that would be 27 feet in height, which <br />results in an 11-foot deviation from City Code. The detached accessory structure will be <br />constructed on a floating concrete slab, will have 12-foot side walls, a 10/12 roof pitch, an 18 <br />foot by 10 foot overhead door, and exterior wall materials will consist of lap vinyl siding that <br />will match the house exterior. The accessory building will closely match the height of the <br />existing attached garage. The applicant has stated that the detached accessory building will be <br />utilized for personal storage. The Planning Commission recommended that the City Council <br />approve Jeff Welle's request for a conditional use permit to exceed the accessory building height <br />restriction established in City Code. <br /> <br />Councilmember Anderson inquired if the building will be limited to storage or could Mr. Welle <br />convert the upper section to an apartment. <br /> <br />Principal Planner Trudgeon replied that if he used the building as an apartment he would be <br />violating the terms of the conditional use permit. He noted that #5 of the conditional use permit <br />could be amended to state that the applicant agrees that the structure will not be used for a <br />business or residence. <br /> <br />Consensus of the Council was that that language should be added. <br /> <br />Councilmember Kurak inquired if when 2.5-acre lots are platted does the City ask for future <br />subdivision plans. <br /> <br />Principal Planner Trudgeon replied that if the property were to be subdivided in the future the <br />building would be in the way. <br /> <br />Councilmember Kurak inquired if staff had discussed that issue with the applicant. <br /> <br />Principal Planner Trudgeon replied no. <br /> <br />City Council/October 23, 2001 <br /> Page 12 of 24 <br /> <br /> <br />