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. '" ffi~~/'~ REQUEST FOR CITY COUNCIL ACTION Manager Approved: DATE: 04/27/98 ITEM NO: Agenda Section: LAND USE Mike Heffernan, 2044 No. Dale S1.: Appeal of Administrative Decision (PF#3012) 1.0 BACKGROUND 1.1 Mike Heffernan, 2044 Dale, has requested a Council review of the staff interpretation of provisions in Section 1004.01 of the City Code relating to accessory buildings. 1.2 Mr. Heffernan currently has one detached 480 s.f. garage in the rear yard of his property. He proposes to construct a second garage of approximately 600 s.f. (3 cars) to store collector vehicles. 1.3 The staff has interpreted the Code (Section 1004.01- attached) as follows: An accessory building can only be placed in the back yard of a lot and the accessory building can only occupy a maximum of 25% of the reauired rear yard, this amounts to 25% of the area contained within the 30 foot required rear yard setback atimes. the lot width (normally 80 to 85 feet). For example: 30' x 85' = 2,550 s.f. 2,550 s.f. x .25 = 638 s.f. bldg. Therefore, based on the staff Interpretation, a normal lot could have an accessory building no larger than 638 s.t.. 1.4 Mr. Heffernan believes this Code interpretation is too restrictive and additional buildings and square footage of accessory buildings should be allowed. His interpretation is that any accessory building placed in the rear yard could be 638 s.f, or more, depending on the size of the lot. 1.5 Mr. Heffernan has found other locations with a detached garage and a garden shed or additional building. 2.0 PREVIOUS INTERPRET A T/ON 2.1 In 1994 the Council reviewed an accessory building request at 220 West Burke Avenue. In this case the owner proposed a large metal accessory building within which a boat was to be constructed. The Council's determination at that time was that large (up to 1,000 s.f.) accessory buildings would only be allowed on parcels of more than one acre. Buildings over 1,000 s.f. would require a Council decision. PF#3012- RCA (04/27/98) - Page 1 of 2