Agenda - Planning Commission - 11/07/2002

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I Case #4: Request for a~ Conditional Use Permit to Exceed Accessory Building Size Restrictions: Case of David and Sandra Shappell :/:'.:ii~!i!:?~:..~ . ~:-:~.'! - ., ~i:i~. Applicant withdrew their application. ~:~, ~ Case #5: Request for a Conditional Use Permit to Exceed Accesso~'Building g:~. . Restrictions: Case of Cindi and Michael Heying "~:,, ~ii~5}:i;~.- Commu~ty Development Director Frol~ stated that the CiW rec~V~ed"~>application gom C~di' ?¢~ and Michael Heying for a conditional use pemit to e~c~d ~e 'h'~essou. building size '?:~?~- ...... : ::.:~- . . · ?~g restrictions estabhshed ~n C~W Code on the prope~ locgt~ at 17211 Wflle~te St ~. ~e:~;;~? subject prope~ is approximately 0.95 acres(41,364.77S~re feet) ~.~size ~d is located outside?;" · e Metropolitan Urban Se~ice ~ea (~SA). Und&'::CfW Code,. P~!~ be~een 14,880 sq. ~. and 43,559 sq. ~. can have up to 1,488 square fee~:~~f ad~gso, bd:l:di~.:~space. ~e proposed building will be 1,120 square feet (28' x 40') in size. CoUPi~fl--,~[~'~e e~};t~g garage (~0 sq. ~.), the applicants will have 1,560 sq. ~. in accesso~ building~(~s results ~ an overage of 72 square feet. ~e applicants would like to exceed the 1,488 sq~fi';6,feet resection ~ order to construct a detached accesso~ building ~at would acco~odate th6~::~rage ofa Classic c~ and other personal equipmenffvehicles., %~::PrOposed detached accesso, U~i~'~iI1 be located in the side yard to the no~h of th6':'~finci'~i:'~d~elling ~d just sou~ o;f~'~ ~ansmission line e~ement. ~e proposed accesso~ building locati6n: exceeds the ~ten (1¢3~'foot side yard and five (5) foot rear ya;d setbacks established :~'.the Rural Dbvel6p~g Bu~k Standards. ~e applic~ts stated that a second driveway would be ~stailed,::::~e appii~anB-glso applied for a v~ance to the ~ont ymd setback of fo~ (40) feet (w~ch Vfisults ~ ~eaCcessou stmc~re being located thiffy-t~ee [33] ~om the ~ont prope~-:}~). The c~~'' was presented to the Bo~d of Adjustments on O~tober 3, 2002, and was approved. ~e P'la~ng Co~ssion held a public hearing and reviewed the request on October 3;.,2.002:~,~ere was no citizen opposition during the public he~hg. ~e PlYing Co~ission(~e~3~ended the CiW Council approve the conditional' use pe~it request.~ ~ Motion by Councilmember Zimme~an, ,'Seconded by Councilmember Hendhksen, to adopt Resolution ~02-10-__ adopting Findings of Fact g relating to C~di ~d Michael He~g's request for a conditional use pe~it to exceed accesso~ stmc~re size restrictions on the prope~y at 17211 Willemite.Street NW. Further discUssion: Councitmember Anderson stated that the Planning Commission seems to go along with the opinion of-homeowner associations in these types of cases, but there are some instances where cases come before the Planning Commission and they don't ask if there is a homeowners association or restrictive covenants if the information is not provided. Community Development Director Frolik explained that restrictive covenants supercede City Code so without approval their conditional use permit ~s revoked. Motion ,carded. Voting Yes: Mayor Gamec, Councilmembers Z, immerman, Hendriksen, Anderson, and Kurak. Voting No: None. City Council/October 22, 2002 Page 19 of 35 P1.39