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108 if the AD U is occupied as a separate unit, compliance with heightened building code <br />109 requirements,, etc.) will necessitate ongoing verification, but staff finds that adequate <br />110 provisions already exist in the City Code and that an approval of the CONDITIONAL USE <br />ill need not include specifi c conditions pertaining to compliance. <br />112 5.5 Section 1009.02E of the City Code requires the applicant to validate an approval of the <br />11 CONDITIONAL USE by beginning construction of the proposed improvements related to the <br />11 ADU. If the approval has not been validated within one year, the approval will expire and <br />115 become void. <br />116 6.0 PUBLIC COMMENT <br />6.1 Planning Division staff received a few phone calls from nearby property owners prior to <br />118 the public hearing; - In each of these cases, people were interested in what an AD U is and <br />119 how it would be regulated, but nobody expressed concern with approving the proposal. <br />120 During the duly-noticed public hearing, held by the Planning Commission on March 2, <br />121 011, one member of the audience had several questions and concerns about the <br />122 proposal; the draft minutes of the public hearing are included with this staff report as <br />123 Attachment D,, but some of the issues pertinent to the consideration of the CONDITIONAL <br />1214, USE will be discussed below. <br />125 6.2 Given that the subject ADU be of a nonconforming size as discussed in Section 5.2d <br />126 above), and would contain two bedrooms, the question was raised as to how many renters <br />12 7' would be allowed to occupy the space. The ADU ordinances in the Zoning Code require <br />128 smaller units which, because of their size,, would effectively limit the number of <br />129 occupants to one or two, but Planning Division staff did not account for the potential for <br />1'30 larger existing spaces to be used as in this case. Although an approval of the proposed <br />1'31 ADU could include a condition related to a maximum number of occupants, but staff <br />1'32 recommends establishing this limit within the zoning ordinance and proposes to bring <br />such an amendment forward in the near future. <br />l'N34 7.0 RECOMMENDATION <br />1'35 Based on the comments and findings outlined in Sections 5 and 6 of this report, the <br />1'36 Planning Division recommends approval of the proposed CONDITIONAL USE pursuant to <br />1 N3 ".1 ............ <br />7' § 1004.07 and § 1009.02 of the Roseville City Code. <br />SUGGESTED ACTION <br />1'39 Adopt a resolution approving the proposed accessory dwelling unit as a <br />14 0 CONDITIONAL USE at 2478 Hamline Avenue,, based on the comments and findings of <br />14 1 Sections 4-6 and the recommendation of Section 7 of this staff report. <br />Prepared by: Associate Planner Bryan Lloyd <br />Attachments: A: Area map C: Proposed floor plans <br />B: Aerial photo D: Draft minutes of the 3/2/2011 public hearing <br />E: Draft resolution <br />PF I I -004—RCA-03 28 f f <br />Page 4 of 4 <br />