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that the proposed ADU can meet all applicable City Code 42 requirements; moreover, a CONDITIONAL USE approval can be rescinded if the 43 approved use fails to comply with all applicable Code requirements or conditions of 44 the approval. 45 d. The proposed use will not create an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