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• 3. The ordinance defines "Accessory Building" as a portion of the principal building or a detached structure on the same lot which is used for an accessory use. 4. Section 3, Subdivision 4.D Accessory Buildings and Structures, Subpart 2 establishes standards for "Sport Courts ". 5. Section 3, Subdivision 4.D Accessory Buildings and Structures, Subpart 9 establishes standards for the maximum number, size, and height of accessory buildings allowed in an individual parcel according to lot size and residential district. The maximum accessory building square footage allowed within the R -X district is 3,600 square feet. The Schwartz's argue that based on the literal interpretation of the ordinance that with the addition of the proposed "Sport Court" Mr. Smiths addition would exceed the accessory building square footage allowed by the Zoning Ordinance. In accordance with Section 2, Subdivision 4, subpart B of the zoning ordinance the City Council acting as the Board of Adjustment and Appeals shall consider the application for appeal and render a decision by resolution. Additionally, the permit application has been stayed, in accordance with the ordinance provisions until a decision has been reached by the council. 110 ANALYSIS • As discussed by the Schwartz's, the literal interpretation of the ordinance requirements would suggest that the Sport Court, as proposed, is an accessory use and by definition an accessory building subject to the accessory building size limitations of the zoning ordinance. However, staff is of the opinion that the literal interpretation does not reflect the intent of the ordinance requirements. The intent of the ordinance requirements was to regulate the placement of outdoor recreation facilities such as tennis courts, basketball courts and similar uses. Additionally, no consideration was given to regulating the use of recreational areas within the principal structure. Single family detached dwellings are a permitted use within the R -X, Rural Executive Zoning District. The term dwelling is defined in the ordinance as follows: Dwelling. A structure or portion thereof which is used exclusively for human habitation. The proposed recreational area is a habitable part of the existing residence and is not considered any different from other primary uses of the residence. Staff finds it difficult to differentiate the sport court from other room designations common within dwellings such as a billiards room, office /den or home theatre. The Schwartz's argue that "Having this significant mass of structure with accessory use next to our property, running several hundred feet along our side yard, is an obtrusive use that the spirit of