ADJ25-002 Staff Decision - Laserfiche WebLink

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The subject property is zoned EFU and has setbacks of 20-feet for all structures except agricultural-exempt structures. The parcel is not in farm use and is much smaller than the standard minimum parcel in the EFU zone. At 0.80-acres it is in use as a rural homesite like the parcels adjacent to the north, east, and south. It was created prior to land use planning and is a relatively long and narrow shaped parcel. The home site is roughly in the middle of the parcel near the front which is the best land for development. The rear of the property is wooded and sloped away from the house where the rear third is in the FEMA identified 100-year flood plain. Due to the rear yard immediately adjacent to the house being the septic drainfield, the front of the house is the only developable land. The proposed adjustment would place the guest facility inside the existing accessory building. Since this building already exists and the guest facility will be completely contained inside the building, there should not be any discernable adverse effects on the subject property or to the overall neighborhood and is not anticipated to have any adverse impact on adjacent or planned uses and development. The criterion is met. 2. The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and The proposed adjustment would place the guest facility inside the existing accessory building. Since this building already exists and the guest facility will be completely contained inside the building, and current building permits will be required to bring the building to modern safety and fire codes - there should not be any discernable adverse effects on the health and safety of residents or to the overall neighborhood. The criterion is met. 3. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and As stated in the previous section, the parcel is abnormally small for the Exclusive Farm Use zone and not in use for agricultural purposes. This creates the unusual condition of limited building space relative to a zone outright permitting rural residential use like AR (Acreage Residential). The neighboring properties are also in similar configurations with similar development limitations. The applicant has stated that the proposed adjustment to the 600 square foot maximum floor area for the guest facility building would be the minimum necessary to permit the construction of the guest facility inside the 1,008 square foot accessory structure without the removal and replacement of the existing accessory structure. This also will ensure that the guest facility is within 100 feet of the primary dwelling and that it will be serviced by utility extensions from the primary dwelling. The criterion is met. 4. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or, the proposed development maintains the intent and purpose of the provision to be adjusted. The adjustment will still maintain the intent and purpose of the guest facility limitation of 600 square feet maximum floor area by the applicants’ intention to build a 594 square foot guest facility inside a larger previously permitted accessory structure. The criterion is met. 9. MCC 17.126.020 allows for certain secondary accessory uses and structures to be permitted on a lot or parcel with a primary use and are subject to the limitations and requirements: A(9): Guest facilities not in a primary dwelling unit, provided: a. Only one guest facility is allowed per contiguous property ownership; and b. Total combined maximum floor area shall not exceed 600 square feet, including all levels and basement floor areas; and c. No stove top, range, or conventional oven is allowed; and d. All water, sewer, electricity and natural gas services for the guest facility shall be extended from the primary dwelling services; no separate meters for the guest facility shall be allowed; and e. The guest facility shall be located within 100 feet of the primary use dwelling on the same property, measured from the closest portion of each structure; and