HomeMy WebLinkAbout09132012 ZPC Agenda Item 2 AGENDA ITEM NUMBER 2
Preliminary Report
Zoning and Planning Commission (ZPC)
September 13, 2012
Subject
Dwellings and structures that contain elements of a dwelling.
Background
Currently the definition of a single family district prohibits the existence of more than one dwelling plus
one accessory quarter on a building site within a Single Family Zoning District. This particular item (one
dwelling unit) was allowed for a time by being granted prior nonconforming (PNC) use, but by virtue of a
sunset clause,the second dwelling unit lost its status (PNC) in 1997. Effectively, all second dwellings on
a single building site are not conforming to the zoning regulations.
By definition, an accessory quarter is a dwelling, but is only allowed on the same building site with a
dwelling unit within a principle building used for residential purposes and contains no more than 600
square feet of gfa (non-garage space). Any detached garage or accessory structure containing an
accessory quarter is then nonconforming. Chapter 18 regulations prohibit the Building Official from
issuing any type of permit that would be an addition or remodeling permit. The zoning regulation
prohibits the expansion or increase of any nonconforming space.
Issues
The ZPC has met for several sessions and discussed changing the definition of a dwelling. What is
difficult to remember is that this definition was not written just as a prohibition against certain types of
construction, but to also establish minimum requirements for a dwelling. The problem is that the ZPC
sees the existing regulations as having the ability to over-regulate those spacious second story garages
or those outdoor living spaces that are intended to be extensions of the swimming pools or patios such
as summer kitchen areas or cabana type buildings. Although there is much merit in regulating these
uses, if the intention is to prohibit them outright, does that send the intended message for this
community, or would some type of classification system for the different types of structures be a better
workable solution?
Given the situation of the on street parking that council recently heard from residents regarding, our
intention is not to cause any more on street parking issues, but to work in a way to resolve this issue and
in some way help alleviate the issue.
Action
The commissioners and staff seek direction from City Council regarding appropriate action on this
subject, including the choice of approach. We look forward to discussing this topic in a workshop
session with City Council, if desired.
Best Regards,
Steve Brown, Chair ZPC Bruce Frankel, Vice-Chair ZPC