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coND��1'coNAL usE in the proposed location would not have any adverse effects on Langton Lake that would not also be caused by a permitted structure. 6.9 If the vA1z�AtvCE request discussed above is not approved, the applicant has not yet found a garage design that will meet his needs and comply with code requirements, but the Planning Commission can identify any concerns it might have about a 1,008-square-foot garage and require Mr. Martin to work with staff to address those issues. 6.10 Based on the current aerial photography, the existing driveway appears to be inconsistent with two current Code standards: the maximum width of 26 feet at the front property line established in §703.04B 1 a(Maximum Driveway Width) and the 5-foot minimum setback from a side property line established in §703.04B9 (Driveways on Private Property). Both of these nonconforming conditions (if they, in fact, exist) can be remedied by removing that part of the driveway that lies within the required side property line setback. 7.O STAFF RECOMMENDATION 7.1 Based on the comments and findings of Section 5 of this report, Planning Division staff recommends denial of the requested vARtAtvCE, prohibiting an accessory structure from being taller than 15 feet at the midpoint of the roof or having walls in excess of 9 feet tall. 7.2 Based on the comments and findings in Section 6 of this report, the Planning Division recommends approval of an accessory structure with a 1,008-square-foot footprint as a CONDITIONAL USE, subject to the following conditions: a. The footprint of the accessory structure shall not exceed 1,008 square feet, and shall comply with all other zoning and building code requirements; b. No garden sheds, storage containers, or additional accessory structures shall be allowed on the property; c. The applicant shall work with Community Development staff to ensure that windows are adequately incorporated into the accessory structure to soften the visual impact on neighboring properties; d. The driveway shall be modified to achieve the 5-foot setback from a side property line required by §703.04B9 (Driveways on Private Property) of the City Code; and e. The CoND[T[oNA[. usE approval shall expire six months after the City Council approval date if the applicant has not received a building permit by that time. 8.0 SUGGESTED ACTION 8.1 By motion, recommend approval of the proposed coNn�T[oNAL UsE for Richard ; Martin, 2970 Mildred Avenue, based on the comments and findings of Section 6 and the � ��r , conditions of Section 7 of this report. ��; �. 8.2 By motion, recommend denial of the vA�ANCE requested by Richard Martin, 2970 �. Mildred Avenue, based on the comments and findings of Section 5 of this report. Prepared by: Associate Planner Bryan Lloyd (651-792-7073) Attachments: A: Area map C: Proposed building elevations B: Aerial photo D: Site plan PF09-033 RPCA 110409 Page 6 of 6 � • •