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• • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 6A Michael Grochala November 10, 2008 Consider of Resolution No. 08 -130, Determining Intent of Zoning Ordinance Relating to Sport Court Regulations Simple Majority The City has received a building permit application from Mr. Mark Smith for a home addition for his property located at 2120 Otter Lake Drive. The applicant is proposing to construct a 2,955 sq.ft. addition to the residence and a 1,607 sq.ft. addition to the attached garage. The total square footage of the garage with the addition will be 3,597 sq.ft. The maximum allowable accessory building square footage for the property is 3,600 square feet. Construction of an in ground swimming pool is also proposed under a separate permit. The home addition includes an exercise area and a recreation area identified as "sport court" on the plans. Over the past several months staff has discussed zoning and building code requirements with Mr. Smith as well as related inquiries from the neighboring property owners Paul and Julie Schwartz, located at 2140 Otter Lake Drive. Mr. Smith has provided revised plans and the City is prepared to issue the building permit. As part of the review process staff made a determination that the addition to the principal building, labeled as "Sport Court", was not subject to the provisions of Section 3, Subdivision 4.D of the zoning ordinance regulating "Sport Courts ". This determination was based on 1) that the sport court is enclosed entirely within the principal building and consistent with the permitted use of such building and 2) the intent of the ordinance requirement to regulate free - standing exterior recreational facilities. The Schwartz's have submitted an appeal of this determination based on the literal interpretations of the Zoning Ordinance as it pertains to "Sport Courts" 1. All residential and rural districts include "Sport Courts" as an accessory use. 2. The ordinance defines "Accessory Use" as a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.