pf07-024 - Laserfiche WebLink

Home

4.0 BACKGROUND 4.1 Robert DeLeo owns the property at 280 Minnesota Avenue; he recently razed the fot-�1�c1• accessory structure and replaced it with a new detached garage, and he plans to build a new home in the same general location as the former residence. Mr. DeLeo is requestin`� approval of an Interim Use Permit (IUP) to create temporary living quarters ��n t}�c property that would remain until occupancy of the new home is permitted. 4.2 The DeLeo property is zoned R-1, Single Family Residence District, with a Comprehensive Land Use Map designation of LD_ Lo�� Densitv Residenti<<1_ �,� i�i�: h designations do support such temporary uses. 4.3 The application materials indicate that the tei��.; ... . � _ ,.�_,,�, .. , �o.�.��. �. ,� ,� �. ,�,� ,. ._ . . . self-contained RV that would stand in front ot� the new garage, which would provide water, electricity, and telephone service. 5.0 STAFF COMMENTS 5.1 The City Code allows garages on residential properties as accessory uses to the principal structure (i.e., the residence itsel�, and as such prohibits habitation in garages. And the Code prohibits, by omission, the use of RVs as dwellings, even temporarily. 5.2 Mr. DeLeo plans to have water and sanitary sewer lines serving his new garage and has frequently expressed his desire to live in his garage during the construction of his new home; for a variety of health and safety reasons, the Building Official and inspectors have repeatedly informed Mr. DeLeo that this cannot be allowed. 5.3 Accompanying Mr. DeLeo's persisting interest in living in his garage is the fact that the former house was razed as of May 22, 2007. Community Development staff has not confirmed whether the garage or the RV has become the temporary residence, or whether the DeLeos are living off-site, but Mr. DeLeo was aware before the demolition of his home that City staff did not support either of the on-site possibilities. 5.4 Section 1012.09A of the City Code indicates that "the City Council may authorize an Interim Use Permit [for] land uses that fail to meet all of the zoning standards established for the district within which it is located". Such approval is not required, however, and is left to the discretion of City offcials. 5.5 An IUP for using an RV as an on-site temporary residence during the construction of a new home was considered and approved for the iirst time in May 2006 for Jim Alexander (920 Parker Avenue). Conditions of the approval of this IUP included requirements for the location of the RV during construction and after its completion, an expiration date of the IUP, and requirements for providing the RV with electricity, water, and "sewer" service. PF07-024_RPCA_060607 Page 2 of 3 • •