2003 Planning Commission Packets

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City of Mounds Viei�� � - Item # 5 � � ��. 1� � � ��5�� O�� Meetir�g Date; Ma�°c1� 5, 2003 �—.. ,. _.: , ...�� . ... . .y ,. ,: �,. . ., �*. �. . ;�,-� >.. �,� n ,,. .. .,-,:.z, , . , ,...,-; '�'.. F ,.� , � . 7'atle: C'on�ide�°aiian of Re�o�ution 721-03, a laesolu�ion l��eo�nmendin� Approval of a Zoning Coc�e Text A�e�drraent to Chapier 1111 Relating to the 12-0 Zoning I�xst�°ict -- Pl�nning Case 'I'X03-001 Iiat�°oc�uciio�z: The property owner residing at and opexatzng a business at 2865 County Highway 10 has requested an ainendrnent io Chapter 1 I 11 of the Zoning Cade relatzflg to t1�e pei7nitted uses atlov��ed witlun the R-O Zonzng district. The Code indicates that accessory uses within an R-O district are reguiated as #hey are in the R-4 zoniilg district, which 2s the same for an R-3 district, and so on. In the single-family district, an accessory building may �ot exceed 452 square feet without a conditional use permit and that the total square footage of all accessory use spaee shaIl not exceed 1,800 square �eet. Drsctsssion: The property o�mer asserts that the zaiung requirements relating to the size of l�is garage, which is his j place af bnsiness, are too restrictive az�d not in keeping with the intent of the Residential Office district. According ta the Zoning Code, the purpose of the district is as foliows: The pu�pose of the R-0, Residential Office Distr•ict is to p�ovide fo�° high-density residential use and for the t� ansition in land use from �°esidential to lovv intensity business allowing fo� the inter�mixing of such uses. The intent is to allow for a more dense development, with or without a co�nmercial component. In other words, this district is a true "inixed use" district. Given thai comrnercial and residential uses are allowed on the site at the same tirne, there are in effect two princi�al uses. As such, the garage area in this case should not be considered acces�ory but rather principal, and should no� be subject to the accessory garage requirements as articulated in the single-family residential district. Based upon the discussion of the Planning Corr3rnission on February 19, 2003, staff has drafted a resolution which recommends amendment of the Cade to allow for the following language to be added to Section 1111.02, Pernrzitted Uses: � Automotive Accessory Installatio�� Operations The resolution further states that the Plaruaing Cammissioi� recommends that the connnnexcial use be subjected to the regulations and requirements of Section 1006.06 of the Building Code, entitled "Development Controls." If approved, the Resolution will be forwarded on to the City Council who would be presented wzth an o�•dinance effectuating the change. Because the text ainendment is within the Zonzng Code, a public hearing will be scheduled and the neighboring property owrzers would be notified.