VADJ26-004 Staff Decision REISSUED

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difficulty. The layout of this area of the pole barn (referred to in this application as “livable space”) is such that reduction via partition wall to an area of 600 square feet would be impracticable. The space would only function for the intended guest facility use as a 960 square foot area. The only way this can be relieved is by modifying the literal requirements of MCC 17.126.020(A)(9)(b). The criterion is met. 2. There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves constitute such circumstances or conditions; and The applicant suggests that two story shop structures in an agricultural zone are unusual circumstances because farm equipment can only be worked on the first floor. Staff does not agree with this assessment because barns have historically had second stories for storage purposes, especially for storage of hay. However, there are unusual topographical factors on this parcel rendering placement of accessory structures and a guest facility difficult. The northernmost portion of the property is relatively low l ying and subject to occasional flooding of Beaver Creek. FEMA does not map the floodplain of Beaver Creek east of Highway 22, but the mapped stretches of Beaver Creek have significantly large floodplain areas. The topography of this parcel slopes gently upward towards the southeast, creating a relatively small ideal buildable area of less than 1-acre. The pole barn in which the applicant proposes a guest facility was built on the same plane as the primary dwelling and there is very little land where a separate guest facility could be built, it is possible there is nowhere else that one could be built. Furthermore, the current configuration of the rooms in the second story of the pole barn would be very difficult to alter without a complete remodel. The proposed reduction in size of the existing space from 1,200 to 960 is practical considering the unusual layout of the second story. The criterion is met. 3. The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and The applicant refers to the existing “bedrooms” and other “living space” and suggests that reducing this area to 960- square feet is the minimum variance necessary to permit the development. Staff reiterates that there are no bedrooms, this structure was permitted as a pole barn and warnings were placed within the building permit and on the site plan explaining that this area was not being approved for dwelling purposes or guest facility use. The structure will require permitted conversion from its current status as a pole barn with no living space in order to establish the proposed guest facility use. Staff agrees that the minimum variance from the standard of 600 square feet is to permit this structure for the guest facility proposed is a variance from 600 to 960-square feet. The criterion is met. 4. The variance will not have a significant adverse effect on property or improvements in the neighborhood of the subject property; and The use of this accessory structure as a dwelling was reported to code enforcement and therefore appears to have some adverse effect on property owners in the neighborhood. The proposal here is to cease the unpermitted use of the structure as a dwelling, and establish a guest facility that will only be occasionally used. Establishing a guest facility which is twice the size of a standard guest facility would not meet the variance criteria, so the applicant proposes reducing the square footage of this area of the structure to the minimum space practicable for the existing layout. The minimum practicable space is 960-square feet in this case. The proposed guest facility shall not be permitted to be continuously inhabited as if it were a dwelling unit. This application will bring the structure into compliance with the code and therefore reduce the existing adverse effects on the neighborhood of the previously non-conforming use on this property. If this existing code violation continues after the conversion of this structure from a pole barn to a pole barn with a guest facility, then this permit may be revoked and code enforcement may issues citations. The criterion is met. 5. The variance will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and