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7965 Fairchild Avenue CUP Report <br />April 6, 2005 <br />Page 3 <br /> <br />Code Consistency <br /> <br />Subdivision 6 of Section 1106.04 lists the conditions under which a conditional use permit <br />can be issued. These are as follows: <br /> <br />a. The accessory building must conform with Section 1103.06 and subdivision 1106.03(l) <br />of this Title. <br /> <br />b. The combined square footage of all accessory buildings on one (1) lot cannot exceed <br />one thousand eight hundred (1,800) square feet. <br /> <br />c. The building shall be designed and maintained to provide a uniform appearance with <br />the dwelling unit. <br /> <br />d. The width of the building cannot exceed thirty-five feet (35'). <br /> <br /> <br />e. The building shall be a permanent structure. <br /> <br />f. Should the use for which the permit was granted be changed, the permit shall be <br />subject to reconsideration, revocation or other action regulated by Code. <br /> <br />The conditions in Section 1106.04 (listed above) have been satisfied with this request. <br />Section 1103.06 refers to the location of accessory buildings in side and rear yards. The <br />proposed garage satisfies this requirement. Section 1106.03 refers to specific standards <br />such as height, area, setbacks, coverage ratios, use requirements, total number of <br />accessory buildings allowed and exterior siding requirements, all of which are satisfied with <br />this request. <br /> <br />Public Comment: <br /> <br />Two neighboring property owners contacted Staff regarding this request. One of the <br />neighbors asked to see the proposed site plan and stated that he thought the expansion <br />would be beneficial, as the items that are now stored outside could then be stored inside. <br />The other neighbor is opposed to the request and submitted a letter stating the reasons for <br />opposition (see attached), which mostly center on a concern that the garage might be used <br />for a business. The applicants have stated that the garage will be used for storage of <br />vehicles, trailers and a boat and will not be used to operate a home business. <br /> <br />Recommendations: <br /> <br />After holding the public hearing and taking testimony from staff, the property owners and <br />affected neighbors, the Commission can take one of the following actions related to the <br />request: <br /> <br />1. Recommend approval of the conditional use permit. Resolution 791-05 is attached if the <br />Commission selects this option. <br /> <br />2. Recommend denial of the conditional use permit. If the Planning Commission selects <br />this option, Staff would need to be directed to draft a resolution of denial with findings of <br />fact appropriate to support the denial. If the Commission chooses to act on this option, <br />Staff will provide the resolution to the Commission at the next meeting on April 20, 2005.