2008-130 Council Resolution - Laserfiche WebLink

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• • • Section 1, Subdivision 2, item B (Definitions): This is a section of the general zoning code which has various definitions. Two definitions which apply in this instance are accessory building and accessory use. Accessory building: A portion of the principal building or a detached structure on the same lot which is used for an accessory use. Accessory use: 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. The following section of the zoning ordinance addresses accessory buildings and structures, and specifically cites sport courts as an accessory building or structure or such use would not be under the section entitled Accessory Buildings and Structures. Section 1, Subdivision 4 (entitled Accessory Buildings and Structures), item D2 (entitled Sport Courts): This item defines standards which shall apply to sports courts. Per staff, these address a sport court which is outside. As such, by placing the sport court inside, staff deems the sport court use as not an accessory use. This appears to be in conflict with the definition of accessory use and accessory building. Specifically, sport courts are listed under a section entitled Accessory Buildings and Structures, and the use as a sports court is an accessory use per the definition of the zoning code which states "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." Therefore, the portion of the addition used as a sport court by its literal definition is an accessory use and per the literal definition of accessory building, is indeed an accessory building and therefore is subject to the minimum amount and total size of accessory buildings as listed in Section 1, Subdivision 4, item 8d, which states that the combination of accessory buildings and garages shall not exceed three thousand six hundred (3,600) square feet. Supporting the interpretation of the sport court as an accessory use, another portion of the zoning code is referenced: Section 1, Subdivision 2 (entitled Accessory Uses under the RX zoning), item F9 (entitled swimming pools, sport courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests). This portion of the ordinance clearly shows that the sport court is an accessory use. The sport court is listed therefore not only under a section entitled "Accessory Buildings and Structures ", but also "Accessory uses ". It is noted that a sports court is listed as an