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2011_0418_Packet_amended
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2011_0418_Packet_amended
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18 4.0 BACKGROUND <br />19 4.1 The property at 3 091 Fairview Avenue has a Comprehensive Plan designation of Low <br />20 Density Residential (LR) and a zoning classification of Low Density Residence District <br />21 (LDR -1), in which an accessory dwelling unit (ADU) is a requires approval as a <br />22 CONDITIONAL USE. An ADU is variously known as a "mother -in -law apartment" or <br />23 "granny flat" and is generally used as additional living area for the property owner or as a <br />24 small, efficiency -sized dwelling unit that may be occupied by a family member or other <br />25 unrelated renter. <br />26 4.2 The proposed ADU would be above the attached garage. Even though Mr. Thorson's <br />27 immediate plans are to finish the space above the garage and rent it to a college- student <br />28 relative, the space would become the "master suite" for the residence after that time. <br />29 5.0 CONDITIONAL USE ANALYSIS <br />30 5.1 REVIEW OF GENERAL CONDITIONAL USE CRITERIA: Section 1009.02C of the City Code <br />31 establishes general standards and criteria for all conditional uses, and the Planning <br />32 Commission and City Council must find that each proposed conditional use does or can <br />33 meet these requirements. The general standards are as follows: <br />34 a. The proposed use is not in conflict with the Comprehensive Plan. Planning Division <br />35 believes that the proposed ADU is not in conflict with the Comprehensive Plan, but <br />36 that it advances land use Policy 7.4 by promoting increased housing options in the <br />37 community. <br />38 b. The proposed use is not in conflict with a Regulating Map or other adopted plan. The <br />39 proposed ADU is not in conflict with such plans because none apply to the property. <br />40 C. The proposed use is not in conflict with any City Code requirements. Planning <br />41 Division staff believes that the proposed ADU can meet all applicable City Code <br />42 requirements; moreover, a CONDITIONAL USE approval can be rescinded if the <br />43 approved use fails to comply with all applicable Code requirements or conditions of <br />44 the approval. <br />45 d. The proposed use will not create an excessive burden on parks, streets, and other <br />46 public facilities. Planning Division staff does not expect such a dwelling unit, <br />47 accommodating up to two occupants, to have any noticeable impact on any parks or <br />48 public infrastructure. <br />49 e. The proposed use will not be injurious to the surrounding neighborhood, will not <br />50 negatively impact traffic or property values, and will not otherwise harm the public <br />51 health, safety, and general welfare. Planning Division staff anticipates that if the <br />52 ADU is occupied by someone other than homesteading property owners as an <br />53 extension of their home, any land use impacts to the surrounding neighborhood and <br />54 broader community would be slight at most. Renters of the ADU will likely add a few <br />55 vehicle trips to the local road network each day; some could argue that the additional <br />56 vehicles constitute a negative impact on traffic (and a violation of this general <br />57 criterion), but Planning Division staff has found in item "d" above that the potential, <br />58 additional traffic would not impose an excessive burden on the public street <br />59 infrastructure. Likewise, some may claim that a rental ADU will negatively impact <br />PF 11 -007 RCA 041811 <br />Page 2 of 4 <br />
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