01/09/2002 P&Z Packet - Laserfiche WebLink

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• • • There are already two detached accessory buildings on the property: an 8' X 10' tool shed and a 24' X 30' detached garage. The construction of the proposed picnic shelter would result in three detached accessory structures, one more than is allowed under City Ordinance. The total square footage of the existing two accessory buildings is 800 sq. ft. The proposed picnic shelter would measure 1,380 sq. ft., resulting in a total accessory square footage of 2,180 sq. ft. This is 160 sq.ft. more than is allowed under City Ordinance. It is anticipated the proposed picnic shelter would be used for the Church's annual Booya Festival, Vacation Bible School classes, Youth Events, Church picnics, and reunions. Construction of the proposed picnic shelter would violate the City's Zoning Ordinance in terms of both number and size of accessory structures. Removing the 8' X 10' tool shed already on site and decreasing the size of the proposed picnic shelter by 160 -sq. ft. are options to resolving this zoning issue. It should be noted that the City's Zoning Ordinance reaches a cap, or threshold level, of 2,020 sq.ft. for accessory buildings in any size lot of one and one - quarter acre or greater in an R -3 zone. That is, unlike zoning for Rural and PSP zones, R -3 zones do not allow more accessory square footage as lot size increases. As a result, even though the proposed site is approximately 5.2 acres in size, the proposed picnic shelter would not be allowed under City Zoning Ordinance, and would thus require approval of a Variance for construction. OUTSTANDING RELATED ISSUE In 1997 the Gethsemane United Methodist Church site underwent a Rezoning, Minor Subdivision, and Comprehensive Plan Amendment in order to construct a parsonage. The above requests were all approved at that time, subject to the condition that "the subdivision include the formal dedication of the Stage Coach Trail right -of -way, with the understanding that Parcels B and C will be financially responsible for the future construction of the street" (see Exhibit #3 & #4). In other words, subdivision was granted on condition that street right -of -way be granted for the future subdivision. 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.