HomeMy WebLinkAbout20100315 - VIII-B-2
Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner
Date: March 15, 2010
SubjectAccept Planning Committee Recommendation:
: – Cease further action on
Accessory Structure Ordinance Amendment
REQUEST
The City Council is asked to accept the Planning Committee of City Council’s recommendation to
cease further action on an ordinance amendment establishing a Special Use Permit procedure for
accessory structures between 500 and 1,000 square feet.
PLANNING COMMITTEE OF CITY COUNCIL
On March 1, 2010 the Planning Committee met to discuss the proposed Ordinance Amendment.
The overall consensus was not to pursue the ordinance amendment. The following was discussed:
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Concern that the Special Use Permit may be used to prevent an individual from
constructing something that is legal; Special Use permit could not prevent construction
from occurring.
?
Current ordinance sets maximum rear yard coverage of 35%; this prohibits large
structures from being placed on small properties.
?
Should the maximum structure size limit be reduced from 1,000 s.f., possibly to 750
s.f.? This would take place independent from the proposed amendment.
HISTORY
September 28, 2009
- The review of the Ordinance was at the request of Commissioners, due to
an OHDS review for a garage at the September 28, 2009, Planning Commission meeting.
November 9 and November 23, 2009 -
The Planning Commission reviewed and discussed the
Accessory Structure Ordinance at its November 9 and November 23, 2009, meetings. The two
main points of the discussion at the November 23, 2009, meeting was: 1) Tree replacement and 2)
Notification of neighboring properties when an accessory structure is proposed to be built.
In response to these tree replacement concerns, staff changed the language on the Application for
Accessory Structures and added a copy of the Tree Replacement Policy to the application. In
response to the notification process, City Staff contact City Attorney Fluegel, who expressed
concern regarding a notification process that did not have a set procedure in place (such as a
Special Use Permit or other means for citizen input).
January 11, 2010 -
The Planning Commission requested that a Special Use Permit be required
for accessory structures over a certain square footage and discussed both 500 and 750 square feet
as the size threshold. This was due to the legalities of notifying neighbors without having a set
procedure in place.
January 25, 2010
– The Planning Commission voted (3-0) to require amend Residential
Accessory Structure Requirements. This amendment would require a Special Use Permit for
Accessory Structures over 500 square feet. Stevens voted against the item as he desired the
Special Use Permit for a 500 square foot structure to apply to homes with an attached garage and
750 square feet for homes with a detached garage.
February 1, 2010 –
The City Council referred the item to the Planning Committee for further
discussion.