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19 4.0 BACKGROUND 20 4.1 The property at 2478 Hamline Avenue has a Comprehensive Plan designation of Low 21 Density Residential (LR) and a zoning classification of Low Density Residence District 22 (LDR-1)1,, in which an accessory dwelling unit (ADU), requires approval as a 2'3 CONDITIONAL USE. An ADU is variously known as a "mother-in-law apartment" or 24 (( granny flat"' and is generally used as additional living area for the property owner or as a 25 small,, efficiency -sized dwelling unit that may be occupied by a family member or other 26 unrelated renter. 2 7, 4.2 The proposed ADU would be above the attached garage, where living space that is 28 physically separate from the rest of the principal residence already exists. This separate 29 dwelling use is an existing, legal nonconformity that would be allowed under State '30 Statute and City Code to remain and be maintained and used. Even though Mr. Carr's immediate plans to improve the unit and reconfigure the entrance from the garage will '32 make the area more accessible as an extension of the principal residence, the plans will ' 3 still preserve the option of occupying the space above the garage as a separate dwelling unit. For this reason,, the building plans can only be approved if the separate living area is '35 brought into compliance with the Zoning Code by gaining approval of the AID U as a CONDITIONAL USE. 7' 50 0 CONDITIONAL USE ANALYSIS ' 8 5.1 REVIEW OF GENERAL CONDITIONAL USE CRITERIA- Section 1009.02C of the City Code 'N39 establishes general standards and criteria for all conditional uses,, and the Planning 40 Commission and City Council must find that each proposed conditional use does or can 141 meet these requirements. The general standards are as follows.- 142 a. The proposed use is not in confTic t with the Comprehensive Plan. Planning Division 4,'3 believes that the proposed ADU is not in conflict with the Comprehensive Plan, but 14,14, that it advances land use Policy 7.4 by promoting increased housing options in the 145 community. 146 b. The proposed use is not in con ict with a Re la in Map or other ado ted plan. The Ifl, gu p 4 7' proposed ADU is not in conflict with such plans because none apply to the area 148 surrounding the property. 149 c. The proposed use is not in con f 'ic with any City COde requirements. Planning 50 Division staff believes that the proposed ADU can meet all applicable City Code 51 requirements; moreover, a conditional use approval can be rescinded if the approved 52 use fails to comply with all applicable Code requirements or conditions of the 5'3 approval. 54 d. The proposed use will not create an excessive burden on parks, streets, and other 55 public facilities. Planning Division staff does not expect such a dwelling unit, suitable 56 for an individual or,, at most,, a couple to have any noticeable impact on any parks or 5 7' public inftastructure. 58 e. The proposed use will not be injurious to the surrounding neighborhood, will not 59 negatively impact traffic orproperly values, and will not otherwise harm the public 60 health, safety, and general we e. Planning Division staff anticipates that if the 61 AID U is occupied by someone other than the homesteading property owners as an 62 extension of their home,, any land use impacts to the surrounding neighborhood and PF I I -004—RCA-03 2 811 Page 2 of 4