Minutes - Council - 06/23/1998 - Laserfiche WebLink

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language was to require development of a lot to be in accordance with the future re- subdivision plan on record so as not to hinder future re-subdivision if and when City sewer and water is installed in the neighborhood. This provision of the City Code has not been absolutely enforced, especially when there is not a re-subdivision plan on file at the City, which is the case with Hunter's Hill. The established policy is to advise property owners that confining their structures to one-half of the lot may be in their best interest if and when their property is eligible for re-subdivision. Given staff's policy of only advising of future subdivision possibilities, Mr. Hamann could build the accessory building anywhere he wanted to on the lot if he wasn't proposing to exceed the size restrictions. His need for a conditional use permit to exceed size requirements give the City the opportunity to consider the proposed location of the building in relationship to the established aesthetic standards of the neighborhood. Ms. Frolik stated that despite staff's advice, the Planning Commission formulated a positive findings of fact but is recommending denial of the request. Their recommendation to deny was a result of the proposed location of the accessory building not being in conformance aesthetically with established standards in the neighborhood. She recommended that if Council is inclined to deny the request, then the findings should be amended to conform with the action taken, otherwise the action could be considered arbitrary. If Council approves the request, the findings, as proposed, are acceptable. Councilmember Haas Steffen wondered if it is even legal to adopt a positive findings of fact and then deny the request. She felt it would be rather difficult to deny the request. Attorney Goodrich commented that not every findings of fact needs to be corresponding - not all of them have to be negative, but at least one has to be or the Council's action will be considered arbitrary. Councilmember Haas Steffen stated she drove by the Hamann's residence and noted there are other large structures in the area. She commented on the City requiring all vehicles stored inside or on a concrete surface and this would allow the Hamann's to do that. She mentioned that if the Hamann's are allowed to build this structure, they will have to pay more for City services if they come through as they will be unable to subdivide. She wanted to make certain they are well aware of that. Jon Hamann stated that they have just over an acre which is one of the smallest lots in the Hunter's Hill area. He did not want to have to take down trees to put up this building and added that the garage will look just like the house. He would store his boat, Jeep, race car and a restored vehicle in this building. Motion by Councilmember Zimmerman and seconded by Councilmember Beyer to adopt Resolution #98-06-131 adopting Findings of Fact #0459 relating to a request from Jon and Rita Hamann for a conditional use permit to exceed the total accessory structure space and the maximum single accessory structure size allowed on parcels 1 to 2 acres in size. City Council/June 23, 1998 Page 11 of 23