04-30-07 Item 4H, Planning Case 07-009 Temp Structure at 4358 W Round Lk Rd

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The applicant was initially submitted and processed as a conditional use permit; however, the City Attorney has since recommended against issuing a conditional use permit. A CUP implies a permanency that does not exist in this case. The temporary structure permit is in Attachment 4H-2. Findinl!s of Fact The Planning Commissions offers the following thirteen findings of fact for consideration: 1. The trailer was brought to the site for construction purposes while the building was being remodeled. The remodeling work was completed in January 2001. 2. The trailer was converted for use as office/work space for use by the tenants ofthe permanent building after the remodeling project was finished. 3. The trailer is an accessory use to the primary structure. 4. Since the trailer has been used for non-construction related purposes for at least six months, a permit is required to retain the structure on the site. 5. The applicants have requested to keep the trailer on the site an additional six months for use as office/work space, which requires a permit that is reviewed by the Planning Commission and approved by the City Council. 6. The trailer does not change the impervious surface limit on the property or encroach on any setbacks. 7. The trailer will not impact traffic conditions or permanently impact parking conditions. 8. The trailer will not produce any noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or other nuisance characteristics. 9. The trailer will not affect drainage. 10. The trailer will not permanently change the population density of the property. 11. It is unlikely that the trailer will permanently negatively impact the character of the neighborhood; be incompatible with adjacent land uses and structures; or will negatively impact adjoining land values. 12. The park dedication fee does not apply. 13. The trailer will not inhibit orderly development of the neighborhood. Recommendation The Planning Commission reviewed Planning Case 07-009 and unanimously (7-0) recommends approval of the temporary structure permit as amended by the following four conditions: 1. The applicant shall submit all ofthe required information for a building permit within seven days of approval to the Building Official. If the temporary structure is unable to meet the requirements of the Building Code as determined by the Building Official, the temporary structure shall be removed within seven days of the Building Official's decision. 2. The temporary structure shall be removed no later than October 30th, 2007. 3. The applicant shall submit a $1000 fmancial surety within two weeks of approval. The financial surety shall be in a form that is acceptable to the City Attorney. The IlMetro-inet.uslardenhills\PlanninglPlanning Cases\2007\07-009 Transoma Medical Temp Structure Permit (PC APPROVAL)\043007 - CC Report - Transoma.doc Page 2 on