01/28/2002 Council Packet - Laserfiche WebLink

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• • On inspection of the records in preparation of this report, it was found that such right -of- way was never legally recorded (see Exhibit #5). Staff would suggest that the City use the opportunity presented by the current request for a Conditional Use Permit Amendment to correct this oversight. Such action is prudent for several reasons. First, it corrects an administrative oversight made in the past: the Re- Zoning, Minor Subdivision, and Comprehensive Plan Amendment granted in 1997 were approved with conditions, and those conditions were never carried out. It is only fair that, this being discovered to be the case, corrective action be taken to carry out what was previously approved by Council. Second, it is important from a planning and engineering perspective to have right -of -way dedication through the future subdivision. Such dedication assures access and allows for the planning of neighboring future subdivisions so that road alignment and other such issues can be effectively resolved. The applicant has reservations about granting such right -of -way. It is the feeling of church board members at this time that they would like to keep the land as undeveloped open space, rather that subdivide and develop it. It is their feeling that granting the City right -of -way through the property puts at risk their ability to safeguard the land as open space. The above report was presented at the January 9, 2002 meeting of the Planning and Zoning Board. The board discussed possible ways to decrease number and total square footage of accessory buildings. It was felt that by both eliminating the 8' X 10' tool shed and decreasing the footprint of the proposed picnic shelter (approximately one foot on each side) the proposed project could be brought into line with the City's Zoning Ordinance. The Planning and Zoning Board voted unanimously to recommended approval, with the following three conditions: 1. Elimination of the 8' X 10' tool shed (or attach it to the existing garage) so that there will be no more than two detached accessory buildings on the site once the proposed picnic shelter is constructed. 2. Decrease the size of the proposed picnic shelter so as not to exceed the total accessory square footage maximum of 2,020 sq.ft. cited in the City's Zoning Ordinance. 3. Dedicate and record the formerly approved dedication of the Stage Coach Trail right - of -way. To conclude, staff cannot recommend approval of the Conditional Use Permit Amendment as presented, since it violates the City Zoning Ordinance in terms of number, size, and materials used for accessory structures. However, if granted, staff would recommend any approval of this Conditional Use Permit Amendment include the following conditions: 1. A building permit must be obtained for construction of the proposed picnic shelter.